Lancaster City Zoning Code
ARTICLE VIII
Special Use Restrictions
§ 455-65 Home occupations.
A.
Home occupations classified. There are three classes of home occupations as follows:
(1)
Home occupations (permitted). Any occupation conducted within the principal building by residential occupants which is incidental to the residential use of the premises. Home occupations (permitted) must meet the following criteria:
(a)
Use no more than 25% of the square footage of the principal building and require no use of accessory structures.
(b)
Require no outside storage of equipment, materials, or vehicles used for commercial purposes.
(c)
Employ no persons other than residents of the premises.
(d)
Involve no storage or distribution of material or products not manufactured on the premises.
(2)
Home occupations (conditional). Any occupation conducted within the principal and/or accessory building by residential occupants which is incidental to the residential use of the premises which exceeds the criteria for a home occupation (permitted) but meets the following criteria:
(a)
Uses no more than 25% of the square footage of the principal building.
(b)
Requires no outside storage of equipment, materials, or vehicles used for commercial purposes.
(c)
Employs no more than one person other than residents of the premises.
(3)
Professional home office. Residences of professionals, including but not limited to doctors of medicine, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, attorneys, and teachers, and which are used to conduct their professions where the office does not exceed 1/2 the area of the residence and where not more than one nonresident is employed.
B.
Home occupation requirements.
(1)
Home occupations (permitted) are permitted uses in all residential zoning districts (R-A, R-1, R-2 and R-3).
(2)
Home occupations (conditional) and professional home offices are conditional uses in all residential zoning districts (R-A, R-1, R-2 and R-3). In reviewing applications for home occupations (conditional) and professional home offices the Planning Commission shall consider the following:
(a)
Compatibility with neighborhood.
(b)
Traffic generation.
(c)
Parking availability.
(d)
Noise, odors, vibrations or other emissions which could threaten public health, safety, or welfare.
C.
Signs for home occupations. Home occupations may have no more than one sign not larger than eight square feet in size. Such sign shall not be located within 10 feet of a lot line. No signs for home occupations shall be illuminated or move in a manner to be noticeable from the public right-of-way or neighboring properties. All signs for home occupations must be approved by the Plan Commission.
D.
Required inspections for home occupations. Prior to the commencement of any home occupation, the premises to be so used shall be inspected by the City Building Inspector and City Fire Inspector.
§ 455-66 Fuel tanks and fuel dispensing equipment.
Fuel pumps and fuel tanks used for or intended for use as dispensing equipment for motor vehicle fuel are prohibited in the R-1, R-2 and R-3 zoning districts. In other districts any such equipment shall be located according to Ch. ATCP 93, Wis. Adm. Code.
§ 455-67 Dish antennas (satellite dishes).
[Amended 11-17-2014 by Ord. No. 2014-05]
A.
Ground-mounted and building-mounted dish antennas are permitted as accessory uses provided that all applicable requirements of this section are met.
B.
Dish antennas shall be constructed and anchored in such a manner to withstand winds of not less than 80 miles per hour and such installations shall be constructed of noncombustible and corrosive-resistant materials.
C.
Dish antennas shall be filtered and/or shielded so as to prevent the emission or reflection of electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the dish antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
D.
Building-mounted dish antennas shall not extend beyond the existing roof perimeter. Building-mounted dish antennas shall not exceed the maximum height regulations of the zoning district in which they are located.
E.
Ground-mounted dish antennas shall meet all setback, height and yard requirements for accessory structures in the district in which they are located and are permitted in the rear yard only in residential districts, provided that they shall be no closer than five feet to the principal structure and any rear lot line, nor occupy more than 20% of the rear yard area. Ground-mounted dish antennas are permitted in the side and rear yards in commercial, industrial and public/institutional zoning districts provided that they shall be no closer than five feet to the principal structure, shall not occupy more than 50% of a side yard nor 75% of a rear yard area, and shall be no closer than three feet to any side or rear lot line nor five feet to any alley line.
F.
The installation of a dish antenna exceeding four feet in height and three feet in diameter shall require a building permit. The property owner shall submit, to the Building Inspector, plans which indicate the appearance, proposed location and installation method of the dish antenna. Dish antennas shall be located and screened to minimize their visual impact on surrounding properties. If a property owner in a residential zoning district proposes a building-mounted antenna location in which the antenna would be visible from the front lot line, that property owner must demonstrate that reception would not be possible for a less conspicuous location. The property owner in a residential zoning district who proposes a building-mounted antenna must also submit a plan for screening the antenna from surrounding properties whenever such screening can be accomplished in a manner that is appropriate to the architecture of the building. The Building Inspector shall refer to the Plan Commission any plans which do not clearly meet the requirements of this section.
G.
All dish antennas, and the construction and installation thereof, shall conform to applicable City building code regulations and requirements. Prior to the issuance of a building permit for a building-mounted earth station dish antenna, the applicant shall submit a plan or document prepared by the registered professional engineer which certifies that the proposed dish antenna installation is structurally sound.
H.
Any earth station dish antenna existing on the date of adoption of this chapter which does not conform to these regulations shall be brought into conformance within one year of the date of adoption of this chapter.
§ 455-68 Telecommunication facilities and antennas.
[Added 6-21-2010 by Ord. No. 2010-03]
Wireless telecommunication towers and antennas may be installed, erected and maintained pursuant to the provisions of this section.
A.
Purpose and intent. The purpose of this section is to:
(1)
Ensure the provision of personal wireless service within the corporate boundaries of, and for the benefit of, the residents of the City of Lancaster.
(2)
Protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics.
(3)
Minimize the visual impact of towers, antennas, and associated buildings through design and siting standards.
(4)
Maximize the use of existing and approved towers and buildings to accommodate multiple antennas in order to reduce the number of towers needed to serve the community.
(5)
Avoid damage to adjacent properties from tower failure through structural standards and setback requirements.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:[1]
ACCESSORY EQUIPMENT STRUCTURE
A building or cabinet-like structure located adjacent to or in immediate vicinity of a wireless telecommunications tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging services.
ANTENNA
Equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omnidirectional "whip" antennas.
ANTENNA SUPPORT STRUCTURE
Any building, pole, telescoping mast, tower, tripod or any other structure which supports an antenna.
CO-LOCATION
The location of wireless telecommunications equipment from more than one provider on a common tower, building or structure.
TOWER
Any pole, spire, structure, or combination thereof to which an antenna could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces.
[1]
Editor's Note: See also § 455-87, Definitions.
C.
Existing towers or antennas. Antennas, towers and accessory structures for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, are, after the effective date hereof, declared to be nonconforming uses subject to the provisions of Article X of this chapter.
[Amended 11-17-2014 by Ord. No. 2014-05]
D.
Interpretation and applicability.
(1)
This section shall be interpreted consistent with the provisions of the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996.
(2)
This section shall apply to all persons, partnerships, corporations and other entities seeking to locate, site, place, modify or construct wireless telecommunications facilities within the corporate boundaries of the City.
(3)
This section reserves to the City all authority contained in state law and existing City ordinances regarding land use, zoning and regulation which has not been preempted by the federal government pursuant to Section 704 of the Telecommunications Act of 1996 as to the placement, construction, and modification of personal wireless service facilities.
(4)
This section does not apply to the use or location of private, residential citizen band radio towers, amateur radio towers or television antenna, or public safety communication facilities owned or operated by the City of Lancaster.
E.
Permitted use and height limitations. Wireless telecommunications antennas shall be allowed as a permitted use in all zoning districts if located or attached as follows:
(1)
Water towers. Wireless telecommunication antennas shall be permitted upon City-owned water towers provided the applicant complies with all siting and performance standards set forth in Subsections F and G below, the applicant enters into a lease agreement with the City, the applicant obtains a building permit and pays all applicable fees.
(2)
Co-location on existing towers. Wireless telecommunication antennas shall be permitted to be attached to existing, conforming telecommunications towers provided said attachment complies with applicable siting guidelines and performance standards in Subsections F and G below, the applicant has obtained approval from the owner of the tower and has obtained an appropriated building permit and has paid all fees.
F.
Co-location requirements. No proposal for the construction of a new wireless telecommunications tower shall be approved unless the applicant documents to the satisfaction of the Common Council that the antenna planned for the proposed tower cannot reasonably be accommodated on a City-owned water tower or on an existing, conforming co-location tower due to one or more of the following:
(1)
The antenna would exceed the structural capacity of the existing or approved tower or building.
(2)
The antenna would cause interference with other existing or planned equipment at the tower or building.
(3)
Existing or approved towers and buildings cannot reasonably accommodate the antenna at a height necessary for the proposed antenna to provide services to the residents and businesses of the City.
(4)
Existing or approved towers and commercial buildings are outside of the documented search area.
(5)
The owners or lessors of the existing or approved towers and buildings are unwilling to allow co-location upon their facilities.
G.
Performance standards. The requirements of this section apply to all wireless telecommunications towers and antennas erected, constructed, placed, modified or replaced in the City of Lancaster. All wireless telecommunications towers and antennas shall be designed and situated to be visually unobtrusive and to minimize the impact upon neighboring uses and shall conform to the following design and siting criteria:
(1)
Setbacks. All new telecommunications towers shall not be located within one mile of an existing telecommunications tower nor upon a lot in any residential zoning district which is less than two acres. Further, all new telecommunications towers shall be structurally and electrically designed to accommodate at least three separate antenna arrays, unless credible evidence is presented that said construction is economically and technologically unfeasible or the Plan Commission determines that, for reasons of aesthetics, a telecommunications tower of such height to accommodate three antenna arrays is unwarranted. Multiuser telecommunications towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights. Parking areas, access roads and utility easements shall be shared by site users, at fair market rates as determined by customary industry standards, when in the determination of the Plan Commission this will minimize overall visual impact to the community.
(2)
Additional setbacks. The minimum setback from any property line or public right-of-way for a wireless telecommunications tower shall be equal to 200% of the height of the tower. Setbacks for accessory building and equipment structures associated with wireless telecommunication towers and antennas shall comply with the zoning district in which the facility is located.
(3)
Accessory equipment structures. All accessory equipment structures adjacent to an antenna system and/or tower shall be screened or architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district.
(4)
Fencing. When deemed applicable by the City, appropriate safety fencing shall be incorporated within the site accommodating the tower and its accessory equipment structures.
(5)
Landscaping and screening. When deemed applicable by the City, proper landscaping and screening shall be incorporated into the site accommodating a tower and its accessory equipment structures.
(6)
Color. The wireless telecommunication tower and antennas shall be of a neutral color such as light gray or sky blue except as dictated by the Federal Aviation Administration (FAA) and be designed to minimize visibility and to blend into the surrounding environment. Towers with antennas shall be designed to withstand applicable wind load requirements as prescribed in the Uniform Building Code. Towers and/or antenna systems shall be constructed of, or treated with, corrosive-resistant material. A regular maintenance schedule shall be followed.
(7)
Lights. No antenna or tower shall have affixed or attached to it in any way any lights, reflectors, flashers, daytime strobes, or steady nighttime light or other illuminating devices except as may be required by the FAA.
(8)
Signs and advertising. No signs and/or advertising message shall be affixed to the antenna or tower structure.
(9)
Other attachments. No antenna or tower shall have constructed thereon, or attached thereto, any platform, catwalk, crow's nest, or like structure for the purpose of human support except during periods of construction and repair.
H.
Obsolete or unused towers. All obsolete, damaged, unused, or abandoned towers and accompanying accessory facilities shall be removed with 12 months of the cessation of operations unless a time extension is approved by the Lancaster Common Council. If the tower is not removed, it may be deemed a nuisance pursuant to Wisconsin Statutes. In the event a tower is determined to be a nuisance, the City may act to abate such nuisance and require the removal of the tower at the property owner's expense. The owner shall provide the City with a copy of the notice of the Federal Communication Commission's (FCC) intent to cease operations and shall be given 12 months from the date of ceasing operations to remove the obsolete tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of 12 consecutive months. The equipment on the ground is not to be removed until the tower structure has first been dismantled. After the facilities are removed, the site shall be restored to its original or to an improved state.
I.
Procedural requirements. Applicants proposing to erect wireless telecommunication towers or antennas shall follow procedures as set forth in § 455-79 of this chapter. Additional application materials shall include the following:
(1)
A document from the property owner or lessor that allows the applicant to apply for a conditional use permit and building permit to erect a wireless telecommunications tower and/or antenna.
(2)
A "scaled" site plan which shows property lines, location of wireless telecommunication tower or antenna, setback distances, any accessory equipment structure, fencing and landscaping proposed.
(3)
An artist's or architect's sketch, concept or rendition of the site as built which demonstrates to the satisfaction of the Common Council that the proposed site will be as aesthetically in keeping with its surroundings as possible, including elevations, landscaping, screening, appropriate camouflage and fencing.
(4)
Sufficient information to show that construction, installation and maintenance of the wireless telecommunication tower and/or antenna will not create a safety hazard or damage to the property of other persons.
J.
Building permits. No person shall place, construct, or modify a wireless telecommunication tower or antenna without first having obtained a building permit. All towers and antennas are subject to plan review and inspection by the City to determine compliance with Uniform Building Code construction standards. No building permit shall be issued by the City without prior approval of a conditional use permit (CUP) by the Plan Commission. The applicant shall provide to the City all information as required by this chapter and other applicable ordinances of the City at the time of application for a building permit. In addition to any other requirements of this section or any other section of this Code, the building permit application shall include the following:
(1)
A report and plan from a qualified and registered engineer or firm that specifies the following:
(a)
The tower height and design including cross-section and elevation.
(b)
The height above grade for all potential mounting positions for co-location antennas and the minimum separation distances between antennas.
(c)
Structural mounting designs and materials list.
(d)
The capacity of the tower, including the number and type of antennas that the tower can accommodate.
(e)
As applicable, an engineer's stamp and number.
(2)
Structural and electrical plans showing how the proposed tower will accommodate the co-location of the applicant's antenna and comparable antennas of additional users and the plans and specifications whereby the proposed tower is designed to allow for future rearrangement of antennas to accommodate additional users and the mounting of additional antennas at varying heights.
(3)
Plans and specifications showing how the proposed facility will be maintained in keeping with uniform building codes adopted by the City.
K.
Inspection. The City may, at any time, inspect any telecommunications tower, antenna or other facility to ensure its structural integrity. If, upon such inspection, the City's duly designated inspector determines that the facility fails to comply with such applicable codes and that such failure constitutes a danger to person or property, then, upon notice being provided to the owner of the facility, the owner shall have 30 days to bring the facility into compliance with the applicable codes and standards. Failure to bring the facility into compliance within said 30 days shall constitute cause for the removal of the facility at the owner's expense.
L.
Noninterference. All new or existing telecommunications services shall comply with all relevant Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) standards and shall not interfere with public safety and other City and private telecommunications operations.
M.
Insurance. The applicant shall provide the City with proof of liability insurance which protects against losses due to personal injury or property damage resulting from the construction, operation or collapse of the tower, antennas or accessory equipment.
N.
Enforcement. The provisions of this section shall be enforced and penalties imposed for violations hereof as set forth herein and in the City's Code.