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Hobart City Zoning Code

ARTICLE XXXII

Telecommunications Antennas and Towers

[Amended 12-16-2014; 1-6-2015 by Ord. No. 01-2015; 12-16-2025 by Ord. No. 2025-13]

§ 295-345 Purpose and intent.

The purpose and intent of this article is to provide a uniform and comprehensive set of standards for the development and installation of telecommunication towers and related facilities, including but not limited to broadcast radio and television facilities, mobile service support structures and facilities, and fixed wireless internet facilities. The provisions of this article are intended to ensure that telecommunication facilities are located, constructed, maintained and removed in a manner that:
A. 
Protects and promotes public health, safety, community welfare and the quality of life in the Village as set forth within the goals, objectives and policies of the Village's Comprehensive Plan, and this chapter;
B. 
Respects the rights and interests of neighboring property owners and existing land use on adjoining properties in the decision-making process;
C. 
Recognizes the public necessity for telecommunication facilities and the numerous benefits and opportunities a robust wireless infrastructure makes possible for Village residents, including improved public safety, efficient production and distribution of goods and services, access to educational resources, and economic development opportunities;
D. 
Allows appropriate levels of service to be obtained throughout the Village, including expansion into rural areas seeking access to personal communications and broadband internet services as such services are defined by the FCC;
E. 
Minimizes the number of transmission towers throughout the Village;
F. 
Encourages the joint use of new and existing telecommunication facilities as a preferred siting option;
G. 
Ensures that all telecommunication facilities, including towers, antennas, and ancillary facilities are located and designed to minimize the visual and environmental impact on the immediate surroundings and throughout the Village;
H. 
Avoids potential damage to adjacent properties from tower failure or ice falls through sound engineering and careful siting of structures; and
I. 
Provides a public forum to assure a balance between public concerns and private interests in establishing commercial telecommunications and related facilities.

§ 295-346 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ANTENNA
Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.
FAA
Federal Aviation Administration.
FCC
Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, PCS towers, alternative tower structures, and the like.
VILLAGE
The Village of Hobart.

§ 295-347 New construction or substantial modification of communication towers.

A. 
Application process. New or substantially modified communication towers require approval of a conditional use permit. In addition to materials required under § 295-359 (Site plan), the applicant must provide, in a form acceptable to the Zoning Administrator, the following:
(1) 
Application. Completed communications tower conditional use permit application form, that includes, at a minimum:
(a) 
The name and business address of, and the contact individual for, the applicant. If the applicant is a tower company or site acquisition consultant, the name(s), address(es), and contact individual(s) for the anchor tenant(s) along with the FCC license number(s) of the carrier(s) or service provider(s).
(b) 
The precise location and base ground elevation above mean sea level of the proposed or affected support structure. Location information shall be provided in latitude/longitude coordinates.
(c) 
The specific type(s) of communication services(s) to be provided by the proposed facility, the operating frequency or frequencies at which service(s) will be provided, and the minimum required elevation above mean sea level necessary to provide the services.
(2) 
Project narrative. A signed project narrative explaining the need for a new or modified communication tower. The narrative should also include the following information:
(a) 
An explanation why the particular site was selected.
(b) 
For an application to construct a new tower, an explanation as to why the applicant chose the proposed location and why the applicant did not choose a collocation, which addresses the requirements of Section 10.103(9)(c)1[1] below. The narrative must include 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. For the purposes of this article, cost savings or increased profitability shall not be considered an economic burden.
[1]
Editor's Note: So in original.
(3) 
Search ring map. Applicants must submit a search ring map drawn to a measurable scale, showing the area in which the applicant seeks to locate their equipment. The map must show and include road names, municipal boundaries, all existing telecommunication facilities within 1.5 miles of the search ring, and any tall structure over 100 feet in height within the search ring. The map must document and assign an identification number to all existing towers within the designated radius and include a brief statement explaining why the tower is not viable for collocation. The Zoning Administrator may require that the map be accompanied by a table providing additional data for each existing tower within 1.5 miles of the search ring, including but not limited to the following: simple description of the tower, existing and maximum design height, FCC registration number; owner's name and contact information; number of collocation spots occupied and available on the tower; present percentage of use of the tower, available aperture at the requester's preferred height, type of communication technology being used.
(4) 
Radio frequency propagation maps. Two radio frequency (RF) propagation plots depicting the carrier's current service (clearly highlighting the existing service area void), and the service to be gained by the proposed facility. These plots shall be prepared in accordance with accepted industry standards and shall be accompanied by a clear and simply written description by an RF engineer explaining the plots and how to read them.
(5) 
Site plan. In addition to all of the information required under § 295-359 (Site plan), site plans must include the following information:
(a) 
Existing or proposed zoning and conditional use permit area and proposed or existing lease area.
(b) 
Existing and/or proposed tower compound area depicting location and layout of existing and/or proposed tower and related facilities including distances to the lease and CUP area.
(c) 
Existing and/or proposed residences (if any) on both the subject property and neighboring properties within 0.5 mile of the subject property - distances should be shown to neighboring residences located within 1,500 feet per 100 feet of tower height.
(6) 
Preliminary design/construction plans, site photos and photo simulations. A description of the tower design and height. The description shall include:
(a) 
A preliminary scaled elevation drawing of the proposed tower showing the location and elevation (feet above ground level and above mean sea level) of each potential antenna array and any anticipated lighting. The drawing should also identify the proposed color and surfacing of the tower and ancillary facilities.
(b) 
A statement indicating the anticipated design capacity of the tower in terms of the number, type and height of collocations it is designed to accommodate.
(c) 
Preliminary drawings showing the dimensions and design details for all tower facilities, including the specific types of communications equipment to be mounted on the tower.
(d) 
Information regarding any anticipated or proposed lighting, including types and color of lights, and whether lighting is nighttime only or both day/night and any difference between time periods.
(e) 
Site photos and photo simulations showing the proposed location of the tower from adjoining properties and depicting the appearance of the tower following installation. Photo simulations shall include a scaled representation of the tower superimposed on the site photos taken from adjoining properties.
(f) 
Statement of compliance with FCC guidelines on radio frequency exposure and interference. Compliance statement must be on letterhead of the licensed carrier(s) proposing to provide telecommunications services on the tower.
(7) 
Notification to other carriers. Applicants shall provide written notification to other carriers licensed to provide wireless services in the Village informing them of the intent to construct a new telecommunication tower. The Director of Planning and Code Compliance shall maintain a list of licensed carriers, including contact information and a standard form that may be used to fulfill this requirement.
(8) 
Notification to nearby airports. The applicant shall provide written notification to all operators and owners of airports located within five miles of the proposed site.
(9) 
Aeronautic hazards. The applicant shall provide copies of a determination of no hazard from the FAA, including any aeronautical study or other findings, if applicable.
(10) 
Other information. The Director of Planning and Code Compliance, a third-party engineering consultant, and/or the Planning and Zoning Commission may request additional information from the applicant as may be deemed necessary for review of a conditional use permit application.
(11) 
Fees. Application and review fees shall be prescribed in the Village fee schedule, as adopted by the Village Board, but not to exceed those limitations placed in § 66.0404(4)(d), Wis. Stats.
B. 
Determination of completeness. Within 10 days of receipt of an application for a new or substantially modified communication tower, the Director of Planning and Code Compliance or his/her designee shall provide the applicant with a written determination of completeness. If an application is not complete, the notification shall specify in detail the required information that was incomplete.
C. 
Third-party radio frequency engineering review. Unless waived by the Director of Planning and Code Compliance, all applications shall be reviewed by the Village's third-party radio frequency engineering consultant for completeness and compliance with all applicable local, state, and federal regulations. All reasonable costs and expenses associated with such consultation, except travel expenses, shall be borne by the applicant. Failure to pay such costs and expenses or provide information requested by the committee shall be grounds for denial or revocation of a conditional use permit.
D. 
Existing and proposed network buildout. The committee may require that an applicant for a conditional use permit provides a written description, map, and attribute table documenting the applicant's existing network in the Village. Describe and show on a map generally where gaps in service currently exist. Describe and show on a map the applicant's future plans for placement or construction of communication towers in the Village and one mile surrounding the Village's border in addition to the proposed tower that is the subject of the application.
E. 
Action on conditional use permit application. Within 90 days of receipt of a complete application for a new or substantially modified communication tower, the committee will make a final decision whether to approve or disapprove the application. Committee decisions shall be supported by substantial evidence. The 90-day time period may be extended upon mutual agreement of the applicant and Village.
F. 
Failure to provide information or materials required under this section shall be grounds for disapproval of a conditional use permit application.

§ 295-348 Standards.

A. 
General standards.
(1) 
Rationale for new tower. No conditional use permit for the placement or construction of a telecommunication tower shall be issued unless the applicant presents to the committee substantial evidence establishing to a reasonable degree of certainty the following:
(a) 
No existing tower. No existing communication tower is located within the area in which the applicant's equipment must be located; or
(b) 
Insufficient height. No existing communication tower within the area in which the applicant's equipment must be located is of sufficient height to meet applicant's requirements and the deficiency in height cannot be remedied at a reasonable cost; or
(c) 
Insufficient structural capacity. No existing communication tower within the area in which the applicant's equipment must be located has sufficient structural strength to support applicant's equipment and the deficiency in structural strength cannot be remedied at a reasonable cost; or
(d) 
Electromagnetic interference. The applicant's equipment would cause electromagnetic interference with equipment on the existing communication tower(s) within the area in which the applicant's equipment must be located, or the equipment on the existing communication tower(s) would cause interference with the applicant's equipment and the interference, from whatever source, cannot be eliminated at a reasonable cost; or
(e) 
Unreasonable fees, costs, or contractual provisions. The fees, costs or contractual provisions required by the owner in order to collocate on an existing communication tower are unreasonable relative to industry norms; or
(f) 
Other factor(s). The applicant demonstrates that there are other factors that render existing communication towers unsuitable or unavailable and establishes that the public interest is best served by the placement or construction of a new communication tower.
(2) 
Reasonable costs for physical or technical impediments to collocation. The cost of eliminating physical or technical impediments to collocation referenced in Subsection A(1)(b), (c), and (d), above, shall be deemed reasonable if it does not exceed by 25% the cost of constructing a new tower on which to mount applicant's equipment. Applicants must provide substantial evidence in the form of detailed cost estimates for structural or technical improvements from firms qualified and authorized to perform such services.
(3) 
Substantial evidence required for unreasonable fees, costs, or contractual provisions. Any application for a new telecommunication tower being made on the basis of unreasonable fees, costs, or contractual provisions for collocation on an existing tower as referenced in Subsection A(1)(e), above, must provide substantial evidence to the Planning and Zoning Commission in the form of actual estimates of said fees, costs, or contractual provisions.
(4) 
Feasibility of collocation. Failure or refusal to evaluate the feasibility of collocation shall be grounds for disapproval of a conditional use permit application.
(5) 
Height. Height shall meet any applicable airport height limitation ordinances. In addition, no tower may be more than 195 feet in height unless a waiver from this requirement is granted by the Planning and Zoning Commission based on unique transmission condition problems which cannot be overcome by another location. An application cannot be denied based solely on the height of the mobile service support structure or on whether the structure requires lighting, per § 66.0404(4)(L), Wis. Stats.
(6) 
Setbacks to property lines. Setbacks to property boundaries and public rights-of-way. All structures must meet all front, side and rear setbacks provided by this chapter and any other applicable section of the Municipal Code.
(7) 
Setbacks from other telecommunications towers. No telecommunication tower may be erected within 0.5 miles of an existing telecommunication tower unless a waiver from this requirement is granted by the Planning and Zoning Commission based on unique transmission condition problems which cannot be overcome by another location or other reason the committee deems necessary to serve the public interest.
(8) 
Compatibility. The new telecommunications tower is compatible with adjacent land and its current use and will not substantially impair or diminish the use, value, and enjoyment of other property in the neighborhood.

§ 295-349 Standard conditions.

A. 
Standard conditions. In addition to the conditions described for conditional use permits for a particular zoning district, the Planning and Zoning Commission and the Village Board must impose the following conditions on any tower constructed under this article.
(1) 
Collocation spots required. New or substantially modified towers must be designed to support, without substantial modification, at least four users (the primary user and two collocation sites) for mounting of equipment supporting International Telecommunications Union "International Mobile Telecommunications-Advanced" systems (a/k/a "LTE/Longterm evolution"). A Wisconsin-licensed structural engineer shall approve and stamp the tower design and certify that the tower can support at least four users.
(2) 
Minimum requirements for collocation spots. In applying the standards and criteria set forth in this article and conditions described for conditional use permits for a particular zoning district to applications for conditional use permits for the placement or construction of a communication tower, the Planning and Zoning Commission and Village Board shall, unless it is shown to be unreasonable, condition the grant of the permit upon the applicant placing or constructing the communication tower so as to accommodate, at a minimum height of 150 feet, the collocation of three additional antenna arrays similar in size and function to that placed on the tower by the applicant. Collocation sites need not be available on the tower as initially placed or constructed, provided that the tower will support at the specified minimum height the later addition of the required number of collocation sites. Notwithstanding the height and number of collocation sites on the tower as initially placed or constructed, the communication tower design approved and permitted under this ordinance shall be for a tower of 150 feet in height and shall include the required collocation sites. The holder of a permit under this article shall make the collocation sites required hereunder available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions which are standard in the industry and at prevailing market rates allowing the permit holder to recoup the cost of providing the collocation sites and a fair return on investment.
(3) 
Aesthetic mitigation. The Planning and Zoning Commission and the Village Board may require, unless it is shown to be unreasonable, modifications to the tower design, including but not limited to visual screening or landscaping, that it deems necessary to minimize the aesthetic impact of the tower.
(4) 
May not prohibit collocation. No lease or deed restriction on property that is proposed for the location of a mobile service support structure or mobile service facility shall preclude the owner or lessee from entering into agreements, leases, or subleases with other providers or prohibit collocation of other providers.
(5) 
Continued compliance required. Upon written inquiry by the Director of Planning and Code Compliance, the holder of a conditional use permit issued under this article shall have the burden of presenting to the Village Board credible evidence establishing to a reasonable certainty the continued compliance with all applicable standards and conditions placed upon the conditional use permit. Failure to establish compliance with the standards and conditions shall be grounds for revocation of the permit. In the event the Village Board determines that it is necessary to consult with a third party to ascertain compliance with the standards and conditions, all reasonable costs and expenses, except travel expenses, associated with such consultation shall be borne by the holder of said conditional use permit. Failure to pay such costs and expenses or provide information requested by the committee shall be grounds for revocation of the conditional use permit.
(6) 
Tower removal and surety. Conditional use permits issued under this article shall identify the primary type or types of transmission equipment which is to be placed on the subject communication tower. Any communication tower on which the transmission equipment so identified is no longer placed or used for a continuous period of 12 months shall, upon notification by the committee, be removed by the holder of the conditional use permit issued under this article. If the tower and its supporting structures are not removed within 60 days of such notification, the Village may remove the tower and its supporting structures at the expense of the holder of the conditional use permit.
(7) 
Surety bonds or other financial guarantees.
(a) 
The Village Board may require financial surety bonds or other security instruments in order to dismantle equipment, buildings or structures that may pose a hazard or nuisance after a conditional use permit is abandoned or revoked.
(b) 
Unless otherwise required under applicable state statute or administrative code, any bond or other financial instrument shall expressly state that it will remain in full force and effect for a period of at least six months after the surety provides the Village with written notification of expiration or termination of the surety's obligation under the bond. Applicant shall remove any equipment or structure placed or erected pursuant to the conditional use permit no less than 30 days prior to the termination or expiration of the guarantee.
(c) 
Bonds or other financial instruments shall not exceed $20,000 unless it is conclusively demonstrated that a higher amount is necessary to protect the public health, safety and welfare.
(8) 
Application of this article. To the extent this article is inconsistent with any other Village ordinance, relating to the installation and operation of telecommunication towers and related facilities, this article shall control.