Hales Corners City Zoning Code
ARTICLE XII
Performance Standards for Industrial and Business Developments
§ 445-12.1 Intent.
It is the intent of this article to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control and to ensure that the community is adequately protected from potential hazardous and nuisancelike effects.
§ 445-12.2 Vibration.
A.
No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. "Vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
B.
Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.
§ 445-12.3 Mobile service facilities, cell towers and antennas.
[Amended 9-25-2000 by Ord. No. 00-12; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Purpose. Section 66.0404, Wis. Stats., specifies the manner in which a political subdivision can use zoning to regulate cell phone towers and provides for specific regulations that a political subdivision may not apply. This section sets forth the Village's regulatory authority in accordance with § 66.0404, Wis. Stats., and the provisions of this section take precedence over the provisions of any other section of the Zoning Code, including the application process and the procedures for issuance of permits, excepting as set forth in this section. The goals of this section are to minimize the adverse effects of mobile service facilities and mobile service support structures; to maintain and ensure that a nondiscriminatory, competitive, and broad range of mobile services and high-quality mobile service infrastructure consistent with the Federal Telecommunications Act of 1996 are provided to serve the community; and provide a process for obtaining necessary permits for mobile service facilities and support structures while also protecting the legitimate interests of the citizens of the Village of Hales Corners.
B.
Applicability. The Village's regulatory power extends to three types of projects, all for the installation of types of cell phone transmission facilities:
(1)
Projects requiring construction of a new tower.
(2)
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 collocation."
(3)
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 collocation."
C.
Exempt from permitting. The following shall be exempt from the requirement to obtain a permit, unless otherwise noted:
(1)
Amateur radio and/or receive-only antennas. This section shall not govern the installation of any antenna that is owned and/or operated by a federally licensed amateur radio operator and is used for amateur radio purposes or is used exclusively for receive-only purposes.
(2)
The siting, construction or collocation of any new mobile service support structure or facility used for the provision of governmental police or emergency services purposes.
D.
Definitions. The definitions contained in § 66.0404(1), Wis. Stats., are hereby adopted and incorporated herein by reference.
E.
Siting and construction of any new mobile service support structure and facilities or the substantial modification of an existing support structure and mobile service facilities (class 1 collocation).
(1)
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 collocation) and, notwithstanding any other provision of this Code, is subject only to the conditions set forth in this section and the requirements of the Building Code. The conditional use permit application process is set forth in the Zoning Code.
(2)
Applications for permits. Applications for permits shall be provided by the Village Clerk. Applications shall be completed and filed with the Village Clerk and shall include the following information:
(a)
Name and business address and contact information for the applicant.
(b)
Location of the proposed or affected support structure.
(c)
The location of the proposed mobile service facility.
(d)
If the application substantially modifies an existing support structure, a construction plan which describes the proposed modification 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 a proposed mobile service support structure and 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.
(f)
If the 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 the 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 unfeasible or is economically burdensome to the mobile service provider.
(g)
If an applicant submits an application for a permit to engage in an activity described in this subsection, which contains all the information required under Subsection E(2)(a) through (f) above, the Village Clerk shall consider the application complete. If the Village Clerk does not believe the application complete, the Village Clerk shall notify the applicant, in writing, within 10 days of receiving the application, that the application is not complete. 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.
(3)
Referral to Plan Commission.
(a)
If the application is complete as determined by the Village Clerk, the matter shall be referred to the Plan Commission for its review.
(b)
Within 90 days of its receipt of a complete application, the Plan Commission shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Plan Commission may agree, in writing, to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with all applicable aspects of the Village's Building Code and, subject to the limitations in this section, the Zoning Code.
[2]
Make a final decision whether to approve or deny the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to deny the application, include with the written notification substantial evidence that supports the decision.
(c)
The Plan Commission may deny an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection E(2)(f).
(d)
If an applicant provides the Plan Commission 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 setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the Plan Commission provides the applicant with substantial evidence that the engineering certification is flawed.
(e)
The fee for the conditional use permit shall be set by the Village Board.
(4)
Surety. A performance bond shall be required in the amount of $20,000 prior to the issuance of a permit under this subsection to ensure and insure that the requirements of this chapter are maintained by the permittee.
F.
Collocation on existing support structures (class 2 collocation).
(1)
A permit is required for a class 2 collocation. A class 2 collocation is a permitted use but still requires the issuance of a permit.
(2)
Applications for a permit shall be provided by the Village Clerk. Applications shall be made and filed with the Village Clerk and shall include the following information:
(3)
A class 2 collocation 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.
(4)
If an applicant submits an application to the Village Clerk for a permit to engage in a class 2 collocation and the application contains all of the information required by Subsection F(2), the Village Clerk shall consider the application complete. If the required information is not in the application, the Village Clerk shall notify the applicant, in writing, within five days of receiving the application, that the application is not complete. 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.
(5)
Within 45 days of receipt of a complete application, the Village Clerk shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village Clerk may agree, in writing, to an extension of the forty-five-day period:
(a)
Make a final decision whether to approve or deny the application.
(b)
Notify the applicant, in writing, of the final decision.
(c)
If the application is approved, issue the applicant the relevant permit.
(d)
If the decision is to deny the application, include with the written notification substantial evidence that supports the decision.
(6)
The fee for the permit shall be established by the Village Board and set forth in the Fee Schedule and shall comply with § 66.0404(4)(d)1, Wis. Stats.
(7)
Surety. A performance bond may be required in an amount no greater than $20,000 prior to the issuance of a permit under this subsection to ensure and insure that the requirements of this chapter are maintained by the permittee.
G.
No mobile service support structure or collocation is allowed on Village property without the authorization of the Village Board.
§ 445-12.4 External lighting.
No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the boundary of an industrial or business district.
§ 445-12.5 Odor.
No operation or activity shall emit any substances or combination of substances in such quantities that create an objectionable odor as defined in § NR 429.03, Wis. Adm. Code.
§ 445-12.6 Particulate emissions.
No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 415, Wis. Adm. Code.
§ 445-12.7 Visible emissions.
No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 431, Wis. Adm. Code.
§ 445-12.8 Hazardous pollutants.
No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Ch. NR 445, Wis. Adm. Code.