This chapter shall be known and cited as the "Village of Kohler Mobile Tower Siting and Collocation Ordinance."

(Ord. No. 2022-3, § 2, 11-10-2022)

The purpose of this chapter is to regulate by zoning permit:

A.

The siting and construction of any new mobile service support structure and facilities;

B.

With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and

C.

With regard to a class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

(Ord. No. 2022-3, § 2, 11-10-2022)

The village board has the specific authority under Wis. Stat. §§ 61.35, 62.23, and 66.0404 to adopt and enforce this chapter.

(Ord. No. 2022-3, § 2, 11-10-2022)

All definitions contained in Wis. Stat. § 66.0404(1) are hereby incorporated by reference.

(Ord. No. 2022-3, § 2, 11-10-2022)

A.

Application Process.

1.

A village zoning permit is required for the siting and construction of any new mobile service support structure and facilities. The siting and construction of any new mobile service support structure and facilities is a special use in the village obtainable with this permit.

2.

A written permit application must be completed by any applicant and submitted to the village. The application must contain the following information:

a.

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

b.

The location of the proposed or affected support structure.

c.

The location of the proposed mobile service facility.

d.

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.

e.

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.

3.

A permit application will be provided by the village upon request to any applicant.

4.

New construction of a mobile service support structure and facilities 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.

5.

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. If the village does not believe that the application is complete, the village shall notify the applicant in writing, within ten (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.

6.

Within ninety (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:

a.

Review the application to determine whether it complies with all applicable aspects of the village building code and, subject to the limitations in this section, zoning ordinances.

b.

Make a final decision whether to approve or disapprove the application.

c.

Notify the applicant, in writing, of its final decision.

d.

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

7.

The village may disapprove 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 paragraph 2.e.

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 area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the village provides the applicant with substantial evidence that the engineering certification is flawed.

9.

Permit fee. The fee for a permit for siting and construction of any new mobile service support structure and facilities shall be three thousand dollars ($3,000.00).

(Ord. No. 2022-3, § 2, 11-10-2022)

A.

Application Process.

1.

The village zoning permit is required for a class 1 collocation. A class 1 collocation is a special use in the village obtainable with this permit.

2.

A written permit application must be completed by any applicant and submitted to the village. The application must contain the following information:

a.

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

b.

The location of the proposed or affected support structure.

c.

The location of the proposed mobile service facility.

d.

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.

3.

A permit application will be provided by the village upon request to any applicant.

4.

A class 1 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.

5.

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. If the village does not believe that the application is complete, the village shall notify the applicant in writing within ten (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.

6.

Within ninety (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:

a.

Review the application to determine whether it complies with all applicable aspects of the village building code and, subject to the limitations in this section, zoning ordinances.

b.

Make a final decision whether to approve or disapprove the application.

c.

Notify the applicant, in writing, of its final decision.

d.

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

7.

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 area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the village provides the applicant with substantial evidence that the engineering certification is flawed.

8.

Permit fees. The fee for a permit for a class 1 collocation shall be three thousand dollars ($3,000.00).

(Ord. No. 2022-3, § 2, 11-10-2022)

A.

Application Process.

1.

A village zoning permit is required for a class 2 collocation. A class 2 collocation is a permitted use in the village obtainable with this permit.

2.

A written permit application must be completed by any applicant and submitted to the village. The application must contain the following information:

a.

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

b.

The location of the proposed or affected support structure.

c.

The location of the proposed mobile service facility.

3.

A permit application will be provided by the village upon request to any applicant.

4.

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.

5.

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. If any of 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. 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.

6.

Within forty-five (45) 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 forty-five-day period:

a.

Make a final decision whether to approve or disapprove the application.

b.

Notify the applicant, in writing, of its final decision.

c.

If the application is approved, issue the applicant the relevant permit.

d.

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

7.

Permit Fee. The fee for the permit for a class 2 collocation shall be the lessor of five hundred dollars ($500.00) or the amount charged by the village for a building permit for any other type of commercial development or land use development.

(Ord. No. 2022-3, § 2, 11-10-2022)

A.

Mobile service support structures and facilities shall be located, sited and erected as follows:

1.

On existing mobile service support structures or other structures in areas zoned for industrial use.

2.

On new mobile service support structures in areas zoned for industrial use.

B.

Notwithstanding the above, the village may approve any site located within an area enumerated above, provided that the village finds that the proposed site is in the best interest of the health, safety and welfare of the village and its inhabitants and will not have a deleterious effect on property values or on the nature and character of the community and neighborhood.

C.

Notwithstanding that a potential site may be situated in an area enumerated above, the village may disapprove an application for any of the following reasons.

1.

Conflict with safety and safety-related codes and requirements;

2.

Conflict with the historic nature or character of a neighborhood or historical district;

3.

The use or construction of mobile service support structures and facilities which are contrary to an already stated purpose of a specific zoning or land use designation;

4.

The mobile service support structure and facilities would be incompatible with the uses, values, and enjoyment of the other property in the area or otherwise incompatible with village zoning ordinances;

5.

Will likely have a negative impact on property values.

(Ord. No. 2022-3, § 2, 11-10-2022)

All proposed mobile service support structures shall be set back from abutting residential zoned parcels a distance equal to the height of the proposed mobile service support structure or the setback requirement of the underlying zoning district, whichever is greater. Any mobile service facilities shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.

(Ord. No. 2022-3, § 2, 11-10-2022)

A.

Prior to the approval of any application for the siting and construction of any new mobile service support structure or mobile service facilities or class 1 collocation, a public hearing shall be held by the village, notice of which shall be published in the official newspaper of the village no less than ten (10) calendar days prior to the scheduled date of the public hearing.

B.

There shall be no public hearing required for an application for a class 2 collocation.

C.

The village shall schedule the public hearing referred to in subsection A of this section once it finds the application is complete.

(Ord. No. 2022-3, § 2, 11-10-2022)

Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this chapter shall, upon conviction, pay a forfeiture of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this chapter. In addition, the village board may seek injunctive relief from a court of record to enjoin further violations.

(Ord. No. 2022-3, § 2, 11-10-2022)

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

(Ord. No. 2022-3, § 2, 11-10-2022)