a.

The siting, construction and operation of a mobile service support structure, or the Class 1 collocation of an existing support structure or mobile service facilities, after the effective date of this Article, is regulated as a conditional use in all zoning districts within the Village of Lake Delton.

b.

The Class 2 collocation of an existing support structure or mobile service facilities, after the effective date of this Article, is regulated as a permitted use in all zoning districts within the Village of Lake Delton. Class 2 collocations are subject to permitting as hereinafter provided.

(Ordinance No. 08-009 Passed: 1/12/2009 Published: 1/17/2009)

All definitions contained in s. 66.0404(1), Wis. Stats., and sections 1.6100 and 1.6002 of Chapter 47 of the Code of Federal Regulations are hereby incorporated by reference.

(Ordinance No. 08-009 Passed: 1/12/2009 Published: 1/17/2009)

a.

Applications for a Conditional Use Permit for siting and construction of a Mobile Service Facility shall be in writing and filed in accordance with the provisions of section 66.143 of this chapter and subject to the limitations imposed by state and federal law.

b.

If an applicant is applying for a permit for a Class 2 Collocation, the Village shall not require documents under section 66.144.b.3. which are not reasonably related to determining whether the application meets the requirements of 47 C.F.R. section 1.6100.

c.

Wireless telecommunications facilities shall be installed and modified in a manner that:

(1)

Minimizes risks to public safety;

(2)

Ensures that placement of facilities on existing structures is within the tolerance of those structures;

(3)

Avoids placement of above ground facilities and installation of new support structures or equipment cabinets in the public right-of-way;

(4)

Maintains the integrity and character of the neighborhoods and corridors in which the facilities are located;

(5)

Ensures that installations are subject to periodic review to minimize the intrusion on the right-of-way;

(6)

Ensures that the Village bears no risk or liability as a result of the installations; and

(7)

Ensures that applicant's use does not inconvenience the public, interfere with the primary uses of the right-of-way, or hinder the ability of the Village or other government entities to improve, modify, relocate, abandon, or vacate the right-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right-of-way.

d.

Emergencies. The Village has the right to support, repair, disable, or remove any elements of the facilities in emergencies or when the facility threatens imminent harm to persons or property.

(Ordinance No. 08-009 Passed: 1/12/2009 Published: 1/17/2009)

1.

Conditional use permit. In addition to the documentation required under section 66.144 (b) of this chapter, applicants shall provide the following documentation and information to the Zoning Department in support of the application for a Conditional Use Permit:

a.

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 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.

b.

If the application is for an existing structure, a description of 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.

c.

The applicable shot clock for a decision on the application and an explanation as to why that shot clock applies.

d.

If an applicant contends denial of its application would prohibit or effectively prohibit provision of service, in violation of federal law, an explanation and evidence supporting that claim.

e.

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.

2.

Class 2 collocation. Any person seeking to establish a Class 2 collocation on an existing structure within the Village of Lake Delton shall submit a written application with the Zoning Department, subject to the same requirements for the issuance of a building permit as provided under Chapter 57 of the Village Municipal code.

a.

The application shall be on the form provided by the Zoning Department including the following information:

(1)

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

(2)

The location of the proposed or affected support structure; and

(3)

The location of the proposed mobile service facility.

b.

The Village shall consider the application complete, if it meets all the requirement of this chapter and applicable law, or shall notify the applicant in writing, within five (5) days of receiving the application, that the application is not complete.

(1)

The Village will not require more information than is reasonably related to determining whether the requests meets the requirements of local, state, and federal law.

(2)

The written notification shall specify in detail the required information to complete the application.

(3)

An applicant may resubmit an application as often as necessary until it is complete.

(Ordinance No. 08-009 Passed: 1/12/2009 Published: 1/17/2009)

1.

Conditional use permit. The application will be reviewed and considered in accordance with Article III of this chapter. The Planning Commission shall:

a.

Review the application to determine whether it complies with all applicable aspects of the Village Building Code, subject to the limitations of Wis. Stats. ss. 66.0404(2)-(4), 47 C.F.R. sections 1.6000-6100, and 47 U.S.C. section 332.

(1)

When determining whether the application complies with the Village Code, the Planning Commission shall not consider the following:

(a)

Sections 66.147.a. or 66.147.i.1. as they relate to radio frequency emissions which otherwise comply with the FCC's regulations concerning such emissions.

b.

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

(1)

Notify the applicant, in writing, of its final decision, before the end of the applicable federal and state shot clocks.

(2)

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

2.

Class 2 collocation. Within forty-five (45) days of its receipt of a complete application for a Class 2 Collocation Permit, the Village shall complete all of the following or the applicant may give notice to the Village the forty-five (45) day period has run to receive the permit except that the applicant and the Village may agree in writing to an extension of the forty-five (45) day period:

a.

Make a final decision whether to approve or disapprove the application; and

b.

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

i.

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

ii.

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

3.

Appeal. An applicant seeking appeal of a decision may do so according to section 66.159 of this code.

If an application is made in accordance with the provisions of s. 66.0404, Wis. Stats., and applicable federal law and regulations, upon final decision of the Village Board to approve the application, or if the applicable shot clock has passed since filing of the application, no action has been taken, and the applicant notifies the Assistant Zoning Administrator that such shot clock has expired, the Assistant Zoning Administrator shall issue the permit for which applicant applied.

This district is intended to permit development which has a very low density, countryside community character. The land use standards for this district permit primarily single-family detached residential development with a limited range of agricultural activities. Density and intensity standards for this district are designed to ensure that the countryside residential (CR) district shall serve as a designation which preserves and protects the countryside community character of its area. A variety of residential development options are available in this district, with a maximum gross density (MGD) of one (1) dwelling unit.

(Ordinance No. 21-012 Passed: 12/29/2021 Published: 1/6/2022)

1.

Single-family detached dwellings on individual lots.

2.

Any permitted use in Residential 1 Zoning District.

3.

Private Swimming Pools.

4.

For parcels exceeding three and half (3.5) acres in area, the following uses are permitted:

a.

General gardening pursuits of such extent as to supply the occupant's personal needs including noncommercial crops; horses; chickens. with the exception of roosters; or fowl.

b.

Barns, garages, fenced areas, and accessory buildings.

c.

Qualified home occupations and professional offices in compliance with section 66.16(c) Village Municipal Code.

d.

Bed & Breakfast licensed and operated in accordance with Wisconsin Statutes and regulations.

e.

Ponds operated and complying with Chapter NR 343 Wisconsin Administrative Code.

(Ordinance No. 21-012 Passed: 12/29/2021 Published: 1/6/2022; Ordinance No. 22-001 Passed: 3/14/2022 Published: 3/24/2022)

(Ordinance No. 21-012 Passed: 12/29/2021 Published: 1/6/2022)

The following uses are prohibited in this district:

1

Short-term rentals for periods of less that seven (7) days.

2.

Unless otherwise provided herein, raising cattle, swine, or sheep or other animals of husbandry.

3.

Commercial activity not otherwise permitted under section 66.16 (c) Village Municipal Code.

(Ordinance No. 21-012 Passed: 12/29/2021 Published: 1/6/2022)

1.

All buildings, including accessory buildings, shall not cover more than thirty-five percent (35%) of the total lot area.

2.

Minimum lot area: 3.5 acres.

3.

Minimum Lot Width: 200 feet.

4.

Building height: 35 feet maximum.

5.

Setbacks:

Front Yard: 50 feet.

Rear Yard: 100 feet.

Side Yards: 20 feet.

6.

Where animals are permitted, there shall be a minimum of a 100-foot separation between any adjacent property lines for uses such as stables, feed pens, fowl, or bird coops, or other animal shelters. No stables, feed pens, fowl or bird coops, or animal shelters, shall be constructed within the front and side-yards.

(Ordinance No. 17-002 Passed: 2/13/2017 Published: 2/18/2017; Ordinance No. 21-012 Passed: 12/29/2021 Published: 1/6/2022)