Marinette City Zoning Code
ARTICLE XXXI
Conditional Uses
§ 465-282 Consideration given to certain uses with unique characteristics.
The development and execution of this article is based upon the division of the City into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts without consideration, in each case, of the impact of these uses upon neighboring land or public facilities and of the public need for the particular use at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.
§ 465-283 Authority of Plan Commission.
The Marinette Plan Commission, after a public hearing, shall within a reasonable time grant or deny any application for a conditional use. Prior to the granting of a conditional use, the Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
§ 465-284 Initiation of conditional uses.
Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought, may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which such land is located.
§ 465-285 Application for conditional uses.
A.
An application for a conditional use shall be filed with the Building Inspector on a form prescribed by the Building Inspector. The application shall be accompanied by such plans and other information as may be prescribed by the Building Inspector, Common Council or the Plan Commission and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in this section hereinafter. Application for conditional use permits shall be submitted to the Building Inspector and shall be accompanied by the same information as is required for a building permit and that is required under this section. The Plan Commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours, soil types, high-water mark, groundwater conditions, bedrock, vegetative cover and specifications for areas of proposed filling, grading, and lagooning.
B.
The City shall grant a conditional use permit if an applicant meets or agrees to meet all of the requirements and conditions specified in this chapter or imposed by the Plan Commission. Any such conditions must be related to the purpose of the chapter and based on substantial evidence. In addition, those requirements and conditions must be reasonable and, to the extent practicable, measurable.
C.
"Substantial evidence" shall mean facts and information, other than merely personal preference or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that a reasonable persons would accept in support of a conclusion.
D.
An applicant for a conditional use permit to demonstrate, with substantial evidence, that an application and all requirements and conditions relating to the conditional use are, or will be, satisfied. The City must demonstrate that its decision to approve or deny the permit application is supported by substantial evidence.
[Amended 9-4-2018 by Ord. No. 2018-2409]
§ 465-286 Hearing on application.
Upon receipt of the application and statement referred to in § 465-285, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
§ 465-287 Notice of hearing on application.
Notice of the time, place and purpose of such hearing shall be given by publication as a Class 2 notice under the Wisconsin Statutes in the official City paper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Building Inspector, members of the Common Council, and the owners of record, as listed in the office of the City Assessor, who are owners of property in whole or in part situated within 200 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of such public hearing.
§ 465-288 Standards for conditional uses.
No application for a conditional use shall be granted by the Plan Commission unless such Commission shall find all of the following conditions are present:
A.
That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
B.
That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use, and the proposed use is compatible with the use of adjacent land.
C.
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
D.
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
E.
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
F.
That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
G.
That the proposed use does not violate floodplain regulations governing the site.
H.
That, when applying the above standards to any new construction of a building or an addition to an existing building, the Plan Commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.
§ 465-289 Denial of application for conditional uses permit.
A.
When a conditional use application is denied, the Plan Commission shall furnish the applicant, in writing, when so requested, those standards that are not met and enumerate reasons the Commission has used in determining that each standard was not met.
B.
A person whose conditional use permit application is denied may appeal the decision in Circuit Court.
§ 465-290 Conditions and guarantees.
The following conditions shall apply to all conditional uses:
A.
Prior to the granting of any conditional use, the Plan Commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in this article. In all cases in which conditional uses are granted, the Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Increased setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking;
(18)
Architectural design;
(19)
Floodproofing;
(20)
Anchoring of structures; or
(21)
Any other requirements necessary to fulfill purpose and intent of this chapter.
B.
The Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance.
C.
No alteration of a conditional use shall be permitted unless approved by the Plan Commission.
D.
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses. Variances shall only be granted as provided in this chapter.
§ 465-291 Validity of conditional use permit.
A.
Where the Marinette Plan Commission has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Marinette Plan Commission's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance, and which shall not be renewed unless construction has commenced and is being diligently prosecuted.
B.
A conditional use permit may remain in effect as long as the conditions upon which the permit was issued are followed, except that the City may impose conditions relating to the permit's duration, and the ability of the applicant to transfer or renew the permit, as well as any other additional, reasonable conditions specified in this chapter or by the Plan Commission. (State Law Reference: 2017 Wisconsin Act 67.)
C.
If the project has started and significant work has progressed but the work has not been completed to satisfy the conditional approval intent, then the Plan Commission can direct the Building Inspector to issue fines/citations until the site complies with the conditions approved.
[Added 6-6-2023 by Ord. No. 2010]
§ 465-292 Complaints regarding conditional uses.
The Marinette Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Building Inspector to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this chapter. Upon written complaint by any citizen or official, the Marinette Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 465-288, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 465-287. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Marinette Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in this chapter or conditions previously imposed by the Marinette Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that the standards in this chapter will be met, the Marinette Plan Commission may revoke the subject conditional approval and direct the Building Inspector and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Marinette Plan Commission shall be furnished to the current owner of the conditional use, in writing, stating the reasons therefor. An appeal from a decision of the Marinette Plan Commission under this section may be appealed to the Common Council.
§ 465-293 Application fee.
The application for a conditional use shall be accompanied by a fee established from time to time by the Common Council.
§ 465-294 Telecommunications facilities and antennas.
A.
Purpose. The purpose and intent of this section is to strike a balance between the federal interest concerning the construction, modification and siting of telecommunications towers and antennas for use in providing personal wireless services, and the interest of the City of Marinette (hereinafter the "City") in regulating local zoning. The regulations contained herein are designed to protect and promote the public health, safety and welfare of the community and the aesthetic quality of the City. The goals of this section are to protect residential areas and land uses from the potential adverse impacts of towers and antennas; minimize the total number of towers throughout the community; encourage the joint use of new and existing tower sites as a primary siting option rather than construction of additional single-use towers; minimize the visual impact of towers and antennas; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. It is also the intent of this section to provide a public forum to ensure a balance between public concerns and private interests in establishing commercial telecommunications and related facilities. This section is intended to regulate mobile service facilities to the full extent allowed by § 66.0404, Wis. Stats., and other applicable laws. Nothing herein is intended to regulate or to authorize the regulation of mobile services facilities in a manner that is preempted or prohibited by § 66.0404, Wis. Stats., or other applicable laws.
B. ANTENNA CO-LOCATION(1) (2) COMMERCIAL USE EQUIPMENT BUILDING, SHELTER OR CABINET LATTICE TOWER MOBILE SERVICE FACILITY MOBILE SERVICE SUPPORT STRUCTURE MONOPOLE PERSONAL WIRELESS SERVICES SUBSTANTIAL MODIFICATION(1) (2) (3) (4) SUPPORT STRUCTURE TELECOMMUNICATIONS FACILITIES TELECOMMUNICATIONS TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
The provision of multiple antennas of more than one commercial wireless communication service provider or government entity on a single tower or structure.
CLASS 1 CO-LOCATIONThe 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 CO-LOCATIONThe 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 the substantial modification.
A use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over any period of time.
A cabinet or building used to house equipment used by telecommunications providers to house equipment at a facility.
A self-supporting structure, erected on the ground, which consists of metal crosses, strips or bars to support antennas and related equipment.
The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment that is necessary to provide mobile service to a discrete geographical area but does not include the underlying support structure.
A freestanding structure that is designed to support a mobile service facility.
A monopolar structure erected on the ground to support wireless communications antennas and connecting appurtenances.
Commercial mobile services, unlicensed wireless services and common carrier wireless exchange services, as now defined in 47 U.S.C. § 332(c)(7)(C), as the same may be amended from time to time.
The modification of a mobile service support structure, including the mounting of an antenna on such a structure that does any of the following:
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
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 co-location.
Increases the square footage of an existing compound to a total area of more than 2,500 square feet.
An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structures.
Any plant or equipment used to carry wireless commercial telecommunications services by radio signal or other electromagnetic waves, including towers, antennas, equipment buildings, parking area and other accessory development.
A mast pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground or building-mounted mast greater than 15 feet tall and six inches in diameter supporting one or more antennas, dishes or arrays shall be considered a telecommunications tower.
C.
Registration of telecommunications carriers and providers for new towers and facilities. The sitting and construction of new mobile service support structures and facilities shall be subject to the following requirements:
(1)
Registration and application requirements. The applicant shall submit a written application, which shall include all of the following information. All personal wireless service carriers and providers that offer or provide any telecommunications services for a fee directly to the public, either within the City or outside the corporate limits from telecommunications facilities within the City, and all telecommunications tower owners shall register and provide to the City, pursuant to this chapter, on forms to be provided by the Building Inspector, the following information:
(a)
The identity and legal status of the registrant, including any affiliates, including the name and business address of, and the contact individual for, the applicant.
(b)
The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement.
(c)
A narrative and map description of registrant's existing telecommunications facilities within the City, adjacent cities, villages and townships.
(d)
The location of the proposed support structure.
(e)
The location of the mobile service facility.
(f)
A construction plan which describes the tower, equipment, network components, antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.
(g)
An explanation why the applicant chose the proposed location, and why the applicant did not choose co-location, including a sworn statement from the responsible party attesting that co-location within the applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.
(h)
Such other information as the Building Inspector may reasonably require.
(i)
Any petition shall be accompanied by a fee in the amount set out below. Costs incurred by the City in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be imposed shall be charged to the petitioner. Such fee shall be $3,000 and shall not exceed the limits established by § 66.0404(4)(d), Wis. Stats.
(2)
Purpose of registration. The purpose of registration under this section is to:
(a)
Provide the City with accurate and current information concerning personal wireless services carriers and providers and telecommunications tower owners who offer or provide services within the City or that own or operate telecommunication facilities within the City;
(b)
Assist the City in enforcement of this section;
(c)
Assist the City in monitoring compliance with local, state and federal laws.
(3)
Enforcement. It shall be unlawful for any personal wireless services carrier or provider who offers or provides services within the City, or any telecommunications tower owner who owns or operates telecommunications facilities within the City, to fail to register and provide the information required in Subsection C(1) above within 30 days of such a request by the City.
(4)
Conditional use application requirements. In addition to the requirements contained in Subsection C(1) above, the conditional use application shall address the following:
(b)
A visual analysis, which may include photo montage, field mock-up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts and the design capacity of the proposed facility to the satisfaction of the Plan Commission. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the impacts of the proposed facility and other existing telecommunications facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed personal wireless services. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant. As part of the Plan Commission's continuing jurisdiction over conditional uses, each registrant shall inform the City, within 60 days, of any change in filed information set forth in Subsection C(1).
(c)
Conditional use review procedure. The mobile service support structure shall be a conditional use, subject to the ordinary conditional use regulations and procedures of this chapter. In addition, the following requirements must be met:
[1]
Before a new tower site is requested, all the existing tower facilities shall be considered and evaluated. If an existing facility cannot be used, a justification report, citing the reasons it cannot be used, must be provided with the application as described in Subsection C(1) above.
[2]
All new antenna support structures shall be monopoles, which are defined as a smooth tapered pole, without stepped sections or guy wires.
[3]
All new antenna support structures shall be constructed to a standard that permits the co-location of a minimum of three telecommunications company facilities on a single tower.
[4]
All antennas and/or towers and other communications equipment shall be removed from the site within 60 days of use termination by the telecommunications company.
[5]
All antenna support structures shall meet the following conditions and requirements:
[a]
The proposed antenna or antenna structure and/or towers shall not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport.
[b]
There shall be a setback of sufficient radius around the antenna structure that its collapse will be contained on the property and not affect regularly occupied buildings on the subject site. This requirement may be waived upon presentation of written consent by adjoining owners and occupants.
[c]
No form of advertising shall be allowed on the antenna, antenna structure, base, framework or other buildings or facilities associated with the use.
[d]
All cable to and from the antenna and/or antenna structure shall be installed underground unless the antenna is mounted on a building where cable will go directly into the structure.
[e]
The site and all structures shall have monthly maintenance and an annual investigation of structural stability.
[f]
Exhibits of the proposed tower structure design and design of the maintenance building and site shall be attached to the conditional use permit document.
[g]
Determination of completeness within 10 days of submittal. The Building Inspector shall review the application and determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The Building Inspector shall notify the applicant in writing within 10 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their applications as often as necessary until it is complete.
[6]
Inventory and tracking system. The Building Inspector shall compile a list of existing telecommunications facilities within the City's jurisdiction based upon information provided by personal wireless services providers and telecommunications tower owners. The Building Inspector shall maintain and update said list on a regular basis. The list shall also include the location of public facilities that may be available for co-location.
D.
Abandonment. If a telecommunications facility shall cease to be used for a period exceeding one year and a day, the owner or operator of said facility shall remove the facility, above ground and below ground to a depth of four feet, upon the written request of the Building Inspector at no cost to the City within 90 days of said request.
E.
Structural requirements. Every telecommunications facility shall be designed and constructed so as to comply with the requirements of the Wisconsin Administrative Code. If, upon inspection, the Building Inspector concludes that a tower fails to comply with such codes in effect at the time of construction and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days or such time as determined by the Building Inspector to bring such tower into compliance with said codes. Failure to bring such tower into compliance within said 30 days or such time as determined by the Building Inspector shall constitute grounds for the removal of the tower or antenna at owner's expense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
F.
Basic tower and building design. All new telecommunication facilities, except exempt facilities as defined in Subsection J below, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end all the following measures shall be implemented:
(1)
Telecommunications towers shall be constructed out of metal or other nonflammable material, unless specifically permitted by the City to be otherwise.
(2)
Telecommunications support facilities (i.e., equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only) to all extent possible and, where possible, shall be sited below the ridgeline or designed to minimize their impact.
(3)
Telecommunications equipment buildings, shelters and cabinets shall be treated to look like a building or facility typically found in the area.
(4)
The City shall have the authority to require reasonable special design (materials, architectural features and color) of the telecommunications facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).
(5)
Telecommunication facilities shall ensure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
(6)
Equipment buildings shall be located, designed and screened to reduce visual impacts to the extent feasible considering the technological requirements of the proposed personal wireless services and the need to be compatible with neighboring residences and the character of the community.
(7)
Antennas shall be designed to blend with its supporting structure. The color selected shall be one that, in the opinion of the Plan Commission, will minimize the visibility of the antennas to the greatest extent feasible.
G.
Site restrictions. Site restrictions are as follows:
(1)
The exterior of all buildings shall be architecturally compatible and consistent with surrounding building and structures and constructed in accordance with the plan approved appropriately and shall be neatly maintained at all times.
(2)
The telecommunications facilities may not include offices, vehicle storage, or outdoor storage or broadcast studios; except for emergency purposes or other uses that are not needed to send or receive transmission, as determined by the City.
(3)
There shall be adequate space on site to accommodate maintenance vehicles.
(4)
A site grading and stormwater drainage plan shall be reviewed and approved by the Building Inspector.
(5)
Areas not used for parking or drives shall be landscaped according to the plan approved.
(6)
Parking lot and security lighting is to be installed and maintained in a manner that will avoid glare or excessive illumination spilling over on adjoining properties.
H.
Location. All new telecommunications facilities shall be located so as to minimize their visibility and the number of tower sites. To this end, a good faith effort in achieving co-location shall be required of the requestor and host entity, subject to existing co-location contracts; and all of the following measures shall be implemented for telecommunications facilities in addition to meeting the conditional use standards in § 465-288 of these ordinances:
(1)
No telecommunications tower shall be installed closer than 1/4 mile from another telecommunications tower, measured from the base of the telecommunications tower to the base of the proposed tower, unless it is a tower situated on a multi-tower zoning lot, or credible evidence to a reasonable degree of certainty acceptable to the Plan Commission is submitted showing a clear need for said new tower and the infeasibility of co-locating it on an existing site. For the purposes of this requirement, exempt telecommunications facilities unavailable for co-location shall not be included in the 1/4 mile computation;
(2)
No telecommunications tower shall be installed on a zoning lot that is not already developed with a telecommunications tower unless the applicant demonstrates that no tower in the area that 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 the existing tower is not of sufficient strength to support applicant's equipment, and the deficiency in structural strength cannot be remedied at a reasonable cost; or the applicant's equipment would cause electromagnetic interference with equipment on the existing telecommunications tower(s) within the area in which the applicant's equipment must be located; or the equipment on the existing telecommunications tower(s) would cause interference with the applicant's equipment and the interference, from whatever source, cannot be eliminated at a reasonable cost; or the fees, costs or contractual provisions required by the owner in order to co-locate on an existing communications tower are unreasonable relative to industry norms; or the applicant demonstrates that there are other factors that render existing communications towers unsuitable or unavailable and establishes that the public interest is best served by the placement or construction of a new telecommunications tower.
(3)
No telecommunications tower shall be located on a lot in a residence district, unless said lot is greater than two acres in area and the principal use is other than residential.
(4)
Telecommunications towers, guy wires, appurtenant equipment and buildings shall comply with the yard and setback requirements of the zoning district in which they are located.
I.
Co-located and multiple-user facilities.
(1)
Unless applicant is submitting an application to locate or co-locate upon an existing tower or structure, an analysis shall be prepared by or on behalf of the applicant, subject to the approval of the Plan Commission, which identifies all reasonable, technically feasible alternative locations and/or facilities which would be usable for the proposed personal wireless services. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size and adverse environmental impacts, including aesthetics, of facilities necessary to provide the needed services to the City and surrounding rural and urban areas. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the Plan Commission making a finding that the proposed site results in fewer or less severe environmental impacts, including aesthetics, than any feasible alternative site. The City may require independent verification by a qualified engineer of this analysis at the applicant's expense. Facilities which are not proposed to be co-located with another telecommunications facility shall provide a written explanation why the subject facility is not a candidate for co-location.
(2)
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 or to comply with the standards of § 465-288, a telecommunications tower of such height to accommodate three antenna arrays is unwarranted. Multi-user 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.
J.
Exempt facilities.
(1)
Amateur radio towers installed, erected, maintained and/or operated in any residential zoning district by a federally-licensed amateur radio operator, complying with the provisions contained in these ordinances, so long as all the following conditions are met:
(a)
The antenna use involved is accessory to the primary use of the property, which is not a telecommunications facility;
(b)
In a residential zone, no more than one support structure for licensed amateur radio operator is allowed on the parcel;
(c)
Sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
(2)
Publicly owned and operated telecommunications facilities required in the public interest to provide for and maintain a radio frequency telecommunications system, including digital, analog, wireless or electromagnetic waves, for police, fire and other municipal services.
(3)
Limitations upon authority. The City review and action in the matter shall be subject to the limitations imposed by § 66.0404(4), Wis. Stats. In the event the applicant believes the City has exceeded its authority in this regard, the applicant shall notify the City in writing, and the City reserves the right to reconsider the matter to ensure that applicable laws are followed.
K.
Modifications. The construction of modifications to an existing mobile service support structure or mobile service facility shall be subject to the following requirements:
(1)
Substantial modifications. Application and review process. A substantial modification is regulated the same as a new structure or facility, as described in Subsection C(1) above, except that the required plans should describe the proposed modifications rather than describe the new structure or facility.
(2)
Nonsubstantial modifications.
(a)
Application information. The applicant shall submit a written application that describes the applicant's basis for concluding that the modification is not substantial and all of the following information:
(b)
Fee. Any petition shall be accompanied by a fee in the amount established below. Costs incurred by the City in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the application and preparation of the conditions to be imposed shall be charged to the petitioner. Such fee shall be $500. Such fee shall not exceed the limits established by § 66.0404(4), Wis. Stats.
(c)
Completeness determination within five days. The Building Inspector will determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The Building Inspector must notify the applicant, in writing, within five days of receiving the application if it is found not to be complete, specifying in detail the required information that was incomplete. The applicant may resubmit as often as necessary until it is complete.
(d)
Determination. The Building Inspector shall make a decision on the application within 45 days of receipt of a complete application, unless the time is extended by the petitioner. The decision shall be stated in writing. If approval is not granted, the reasons therefor will be included in such record.
(e)
Limitations upon authority. The City review and action in the matter shall be subject to the limitations imposed by § 66.0404(4), Wis. Stats., and such other laws as may apply, which may include 47 U.S.C. § 1455. In the event the applicant believes the City has exceeded its authority in this regard, the applicant shall notify the City, in writing, and the City reserves the right to reconsider the matter to ensure that applicable laws are followed.
L.
Hold harmless. Telecommunications companies that are parties to conditional use permits shall warrant the safety of the technology of the facilities and hold the City, its officers and employees harmless for any claims or losses to the City or its residents, including reasonable attorneys' fees arising from, or related to, the use of the facilities.
M.
Bond. The telecommunications company shall provide a bond, naming the City as beneficiary, in the penal amount of $20,000, sufficient to assure removal of the antenna, antenna support structures, facility buildings, fences and driveways, and restoration of the site, as near as practicable, to its current condition.
N.
Binding effect. Telecommunications companies shall be bound by any other condition recommended by the Plan Commission and/or approved by the Common Council.
O.
Penalties. Any person who violates any provision of this section or fails to comply with any of its requirements shall, upon conviction thereof, forfeit not less than $10 nor more than $200 for each violation and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.