Lodi City Zoning Code
ARTICLE XIII
Wireless Communications Facilities
[Amended 10-21-2014 by Ord. No. A-477]
§ 340-67 Purpose.
A.
The purpose of this article is to regulate by zoning code the following:
(1)
Class 1 collocation, or the substantial modification, of an existing support structure and mobile service facility.
(2)
Class 2 collocation of an existing support structure which does not require the substantial modification of an existing support structure and mobile support facility.
(3)
The siting and construction of new mobile support facilities, including support structures.
B.
Avoid damage to adjacent properties from support structure failure or structure icing.
C.
Encourage the joint use of support structures.
D.
Accommodate the communication needs of the residents and businesses while protecting the public health, safety and general welfare.
§ 340-68 Other considerations.
In furtherance of these goals the City of Lodi shall give due consideration to the Comprehensive Plan, Zoning Map, and existing land uses and environmentally sensitive areas in approving sites for the location of support structures and antennas.
§ 340-69 Definitions.
As used in this article, the following terms shall have the meaning indicated:
ANS
American National Standard.
ANTENNA
Any device or equipment used for the transmission and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
APPLICATION
An application for a permit under this article to engage in the siting and construction of a new mobile service support structure or the substantial modification of an existing structure or a Class 2 collocation.
BACKHAUL NETWORK
The lines that connect a provider's support structures/cell sites to one or more cellular wireless switching offices and/or long-distance providers or the public switch telephone network.
CLASS 1 COLLOCATION
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.
CLASS 2 COLLOCATION
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification.
COLLOCATION
A Class 1 collocation or a Class 2 collocation.
DISTRIBUTED ANTENNA SYSTEM
A network of spatially separated antenna nodes connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
EIA
Electronic Industrial Association.
EQUIPMENT COMPOUND
An area surrounding or adjacent to the base of an existing support structure within which is located mobile communication facilities.
FAA
Federal Aviation Administration.
FALL ZONE
The area over which a mobile support structure is designed to collapse.
FCC
Federal Communications Commission.
HEIGHT
The vertical distance measured from the grade to the highest point on a support structure, including the base pad.
NEW SUPPORT STRUCTURE CONSTRUCTION
The siting and construction of a new mobile service support structure and facility that does not exist at the time of application.
PREEXISTING SUPPORT STRUCTURE/ANTENNA
Any tower, support structure or antenna for which a building permit or conditional use permit has been properly issued prior.
SEARCH RING
A shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements taking into account other factors including topography and demographics of the service area.
SUBSTANTIAL MODIFICATION
The modification of a mobile service support structure, including the mounting of an antenna on such a support structure, that does the following:
A.
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
B.
For structures with an overall height of more than 200 feet, increases the overall height of the support structure by 10% or more.
C.
Measured at the level of the appurtenance added to the structure as a result of the modification, increases, the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.
D.
Increase the area of an existing equipment compound to a total area of more than 2,500 square feet.
SUPPORT STRUCTURE
An existing or new structure that supports or can support a wireless communication facility, including a mobile service support structure, utility pole building or other structure.
TIA
Telecommunication Industry Association.
WIRELESS COMMUNICATIONS
Any personal wireless services as defined in the Federal Telecommunications Act of 1996, including FCC-licensed commercial wireless telecommunications services such as cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), global system of mobile communications (GSM), paging and similar services that currently exist or may be developed.
§ 340-70 Applicability.
A.
Amateur radio station operators/receive-only antennas. This article shall not apply to any support structure, or the installation of any antenna, that is owned and operated by a federally licensed amateur radio station operator and is under 60 feet in height or is used exclusively for receive-only antennas.
B.
Preexisting support structures or antennas. Any preexisting support structure or preexisting antenna shall not be required to meet the requirements of this article other than the requirements of § 340-71A, B and F of this article.
§ 340-71 General requirements.
A.
All towers and antennas shall comply with all FCC and FAA regulations.
B.
The owner of a support structure shall ensure that it is maintained in compliance with standards contained in applicable state and/or City of Lodi building codes and the applicable standards for support structures that are published by the EIA as amended from time to time. If upon inspection the Building Inspector concludes that a support structure fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the support structure, the owner shall have 30 days to bring the structure into compliance with such standards. Failure to bring such support structure into compliance within said 30 days shall authorize the City to remove the support structure or antenna and restore the site, as provided for under Subsection F below, and the cost of such removal and/or restoration may be assessed against the property on which the support structure is located as a special assessment.
C.
For leased sites, written authorization for siting the wireless communication facilities from the property owner must be provided.
D.
Collocation/sharing of facilities.
(1)
No new support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Common Council that no existing support structure can accommodate the applicant's proposed antenna. Supporting evidence may consist of any of the following conditions:
(a)
No existing support structures are located within the geographic area required to meet the applicant's engineering requirements.
(b)
Existing support structures are not of sufficient height to meet the applicant's engineering requirements.
(c)
Existing support structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed system would cause electromagnetic interference with the system on the existing support structure, or the system on the existing support structure would cause interference with the applicant's proposed system.
(e)
The fees, costs or contractual provisions required by the owner to share an existing support structure or to adapt an existing support structure for sharing are unreasonable. Costs are considered reasonable if they conform to contractual terms standard in the industry or do not exceed the cost of new support structure development.
(f)
The applicant demonstrates that there are other limiting factors that render existing support structures unsuitable.
(2)
New support structures shall be designed structurally and electrically to accommodate the applicant's antenna and comparable antennas for additional users. Support structures must also be designed to allow for future rearrangement of antennas on the structure and to accept antennas mounted at different heights.
(3)
The holder of a permit for a support structure shall allow collocation for as many additional users as the design and structural strength of the support structure will allow and shall not make access to the support structure and site for the additional users economically unfeasible. If a potential additional user(s) demonstrates (through an independent arbitrator or other pertinent means) that the holder of a support structure permit has made access to such structure and site economically unfeasible, then the support structure permit shall become null and void.
E.
Design and installation of all support structures and antennas shall comply with the manufacturer's specifications and with ANS/TIA/EIA standards. Plans shall be approved and certified by a professional engineer registered in the State of Wisconsin. Plans may be reviewed by the City Engineer with the costs to be borne by the applicant.
F.
All unused support structures and antennas must be removed within 12 months of cessation of operation or use, unless a written exemption is provided by the Zoning Administrator. After the facilities are removed, the site, within six months after removal is completed, shall be restored to its original condition or as close as possible, and anchoring elements shall be removed from the ground to within four feet of ground level. If such removal and/or restoration is not completed within the stated times, the City is authorized to complete the removal and site restoration, and the cost of such removal and/or restoration may be assessed against the property on which the support structure is located as a special assessment.
G.
The monopole design is the preferred support structure. Use of guy or lattice support structures may be permitted with a conditional use permit on the basis of collocation opportunities or specific structural requirements.
H.
While the City is authorized to remove a support structure or antenna and/or restore a site under the circumstances set forth in Subsection B or F above, the City shall be under no obligation to do so. In any situation where the City removes a support structure and/or restores a site pursuant to the authority granted to the City hereunder, the owner of the support structure shall be liable to the City for all costs incurred by the City in such removal and/or restoration, and the City may proceed to collect such costs by any legal means, including the imposition of special assessments as authorized above.
§ 340-72 Performance standards.
A.
Security fencing, lighting and signage.
(1)
All support structures shall be reasonably protected against unauthorized access. The bottom of the support structure from ground level to 12 feet aboveground shall be designed to prevent unauthorized climbing and shall be enclosed with a minimum of a six-foot high fence with a locked gate.
(2)
Security lighting for on-ground facilities and equipment is permitted, as long as it is shielded to keep the light within the boundaries of the site.
(3)
Signs shall be mounted on the fenced enclosure, or adjacent to the gate prohibiting entry without authorization, warning of the danger from electrical equipment and/or unauthorized climbing of the support structure and identifying the owner of the support structure and telephone number for contact in case of emergency.
§ 340-73 Accessory equipment and buildings.
Equipment storage buildings or cabinets shall comply with all applicable building and zoning requirements. The equipment cabinet or structure used in association with an antenna shall be sited in accordance with the development standards of the zoning district in which it is located.
§ 340-74 Application process.
A.
New support structure construction and Class 1 Collocation.
(1)
A conditional use or amended conditional use permit is required for the siting and construction of any new support structure or facility or the substantial modification of an existing support structure or facility.
(2)
An application shall be completed by the applicant and be submitted to the Zoning Administer.
(a)
The Zoning Administrator shall within 10 days determine if the application is complete and notify the applicant in writing.
(b)
A complete application shall contain the following:
[1]
The name, business address of and the contact individual for the applicant.
[2]
The location of the proposed or affected facility.
[3]
The location of the proposed support structure.
[4]
If an application is to construct a new mobile service support structure, a statement why the applicant chose the proposed location over collocation. This statement is to include a sworn statement from the individual responsible for the placement of the structure attesting that the collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity, is technically not feasible, or is economically burdensome to the provider.
[5]
If the application is to modify an existing support structure, a construction plan which describes the proposed modifications to the structure, including the equipment, and network components, including antennas, transmitters, receivers base stations power supplies cabling and related equipment.
(3)
If, as part of the application, the applicant provides engineering certification showing that the support structure is designed to collapse within an area smaller than the setback required by this article, then those setbacks do not apply unless the City provides substantial evidence that the certification is flawed.
(4)
Within 90 days of receipt of a completed application, the City shall complete the following:
(a)
Review the application to determine whether it complies with Chapter 127 Building Construction, of this Code.
(b)
Make a final decision to approve or disapprove the application.
(c)
Notify the applicant in writing.
(5)
The fee for a conditional use permit for a Class 1 collocation shall be set by the Common Council by resolution not to exceed $3,000 including review costs.
B.
Class 2 collocation.
(1)
An application shall be completed by the applicant and be submitted to the Zoning Administrator.
(a)
The Zoning Administrator shall within five days determine if the application is complete and notify the applicant, in writing, via mail or e-mail.
(b)
A complete application shall contain the following:
[1]
The name, business address and the contact individual for the applicant.
[2]
The location of the proposed or affected facility.
[3]
The location of the proposed support structure.
(2)
Within 45 days of receipt of a completed application, the City shall complete the following:
(a)
Review the application to determine whether it complies with Chapter 127, Building Construction of this Code.
(b)
Make a final decision to approve or disapprove the application.
(c)
Notify the applicant, in writing, via mail or e-mail.
(3)
The fee for a permit for a Class 2 collocation shall be set by the Common Council by resolution not to exceed $500 including review costs.
§ 340-75 Applicability of other provisions; conflicts.
All other provisions of the Code of the City of Lodi, including but not limited to the other provisions of this chapter, shall apply to wireless communication facilities, except where any of such provisions are in conflict with the provisions of this article. The provisions of this article shall control over any other provisions of the ordinances of the City of Lodi which are in conflict therewith.