The purpose of this division is to provide standards and criteria for the placement, construction and maintenance of telecommunication facilities in the City of Mequon.

(Code 1957, § 3.166(1); Ord. No. 2001-1008, § I, 3-13-2001)

The intent of this division is as follows:

(1)

Strike a balance between the interests of the telecommunication service providers, the consumers of those services and the City of Mequon.

(2)

Minimize adverse visual impacts of telecommunication installations through careful design, siting, landscape screening and innovative camouflaging techniques.

(3)

Maximize the use of existing telecommunication installations so as to minimize the need to construct new telecommunication structures.

(4)

Encourage the location of telecommunication installations in non-residential areas.

(5)

Create clear and objective approval criteria for towers and accessory structures.

(6)

Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, located, and removed when no longer used or determined to be structurally unsound.

(Code 1957, § 3.166(2); Ord. No. 2001-1008, § I, 3-13-2001)

The following definitions shall be used for the purpose of this division:

Alternative tower structure means an existing manmade structure which is used as an alternative to a tower and to which an antenna and/or an antenna support structure is attached.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic magnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

Antenna support structure means a structure which is attached to a tower or an alternative tower structure and which is designed to support an antenna at a height sufficient to permit effective receipt or transmission of wireless communications.

Collocation means the provision of multiple antennas or more than one commercial wireless communication service provider or government entity on a single-tower or structure.

Equipment facility means a building, cabinet, or other enclosure used to house and protect the electronic equipment necessary for processing wireless communications at a wireless communications facility.

FAA means the federal aviation administration.

FCC means the federal communications commission.

Height means the vertical distance from the ground at the base of the tower or alternative tower structure to the highest point on the tower or alternative tower structure or any fixture attached thereto, whichever is highest.

Operator means a person, corporation, partnership, association or other organization which:

(1)

Provides wireless communication services, either directly or through one or more agents, employees, subsidiaries or affiliates; or

(2)

Controls or is responsible for the management and operation of a wireless communications facility.

Points of visual interest means views of waterways, open spaces, historic buildings, architecturally significant structures or other scenic views.

Pre-existing towers and antennas means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to March 23, 2001.

Telecommunication installation means installation of structures and equipment that provide wireless communication service.

Tower means any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, microwave towers, common-carrier towers, cellular telephone towers, and the like, but excluding alternative tower structures. The term includes the structure and any support thereto.

Tower site means the parcel of land where a tower and associated wireless communication structures, fixtures and equipment are located.

Wireless communications service means the provision of wireless communication services for a consideration. Wireless communication services include, but are not limited to, cellular communications service (CCS), personal communication service (PCS), specialized mobile radio service (SMR), enhanced specialized mobile radio (ESMR), paging services and other similar wireless communication services.

(Code 1957, § 3.166(3); Ord. No. 2001-1008, § I, 3-13-2001)

Cross reference— Definitions generally, § 1-2.

(a)

Facilities regulated by this division. Except as provided in this section, the regulations contained in this chapter shall apply to all telecommunication installations in the City of Mequon.

(b)

Facilities exempt from this division. The following wireless communication facilities are exempt from the provisions of this section:

(1)

A ground or building mounted receive-only radio or television antenna which does not exceed 25 feet in height and which is used solely by the occupants of a dwelling located in a residential zoning district.

(2)

A ground or building mounted receive-only radio or television satellite dish; which does not exceed 36 inches in diameter; which does not project beyond the roof line; and which is used solely by the occupants of a dwelling located in a residential zoning district.

(3)

A citizen band radio tower and antenna which does not exceed 35 feet in height.

(4)

A ham radio tower and antenna which does not exceed 75 feet in height.

(5)

Governmentally owned and operated receive and/or transmit telemetry station antenna for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, stormwater, pump stations and/or irrigation systems, with heights not exceeding 20 feet.

(6)

Towers, equipment facilities and antennas that existed prior to the effective date of this chapter.

(7)

Repair and replacement of telecommunication equipment located in an equipment cabinet or building and replacement of exterior telecommunication equipment with components that are similar in size, appearance and number.

(Code 1957, § 3.166(4); Ord. No. 2001-1008, § I, 3-13-2001)

Telecommunication installation application regulated by this section shall be subject to the general conditional use requirements contained in this Code. Public hearing notices shall be mailed to the owners of all lands within one-fourth mile (i.e., 1,320 feet) of the subject property for conditional use grant, the expense for which shall be compensated to the city by the applicant as an administrative cost of processing the application. Additionally, any application shall include the following:

(1)

If proposed on a city-owned site, a completed application form for lease approval as provided by the city;

(2)

Site plan drawn at an engineering scale showing the location of the telecommunications facility in relation to surrounding structures;

(3)

If located on a water tower, a written report addressing the construction specifications and water tower's structural analysis;

(4)

Building elevations and floor plans for installation of the wireless equipment facility;

(5)

Required application fee;

(6)

A written statement by a qualified engineer licensed to practice in the statethat the reception and transmission functions of the proposed tower, antenna or equipment facility will not interfere with the usual and customary transmission and reception of radio, television or other services on adjacent properties;

(7)

Scaled architectural drawing of the tower and/or antenna installations;

(8)

For towers, a written statement from the applicant's engineer indicating:

a.

The types of antennas that may be accommodated by the tower;

b.

The tower's capacity for such antennas;

c.

The failure characteristics of the tower;

d.

The adequacy of its setback in event of failure;

(9)

Landscaping plans drawn to scale of one inch equals 20 feet. Those plans should specify the location of any tower, building, parking, landscaping, fencing and other accessory uses. The landscape plan shall indicate the size, number and type of planting for the proposed site;

(10)

List of applicant's existing telecommunication installations located in the City of Mequon and within two miles of the city limits. The list should identify the location, height and design of each installation. The planning commission may share such information with other applicants applying for a conditional use permit to construct, install or alter telecommunication facilities;

(11)

The collocation information required pursuant to section 58-509, if applicable; and

(12)

The security information required pursuant to section 58-509.

(Code 1957, § 3.166(5); Ord. No. 2001-1008, § I, 3-13-2001; Ord. No. 2008-1238, § I, 4-8-2008)

(a)

Collocation. The city encourages collocation. Accordingly, if the applicant proposes a new tower installation, they shall demonstrate, to the reasonable satisfaction of the planning commission, that no existing tower or alternative tower structure can accommodate their proposed antenna. Upon a showing by the applicant that any one of the following circumstances enumerated below exist, the applicant shall be deemed to have satisfactorily demonstrated the need for a new tower. In evaluating such circumstances, the city may employ the services of a consulting expert, the expense for which shall be compensated to the city by the applicant as an administrative cost of processing the application.

(1)

No existing tower or alternative tower structure is available to accommodate collocation in a manner that provides wireless communication services in accordance with the 1996 Telecommunication Act and subsequent case law interpreting that act.

(2)

Existing towers or alternative tower structures are not of sufficient height or otherwise fail to meet engineering requirements for coverage and capacity needs as provided for in the 1996 Telecommunications Act and subsequent case law interpreting that act.

(3)

The charges for the use of an existing tower or alternative tower structure are deemed unreasonable by the operator and the showing is confirmed by the planning commission.

(4)

Applicant's proposed antenna would cause interference with another antenna already located on an existing tower or structure or that the antenna on the existing tower or structure would cause interference with the applicant's proposed antenna.

(b)

Tower location. The installation of freestanding towers and antennas, thereon, including the placement of accessory buildings or equipment, may be allowed by a conditional use permit in all business and industrial zoning districts and on city-owned land. If the applicant demonstrates to the satisfaction of the planning commission that location of a telecommunication installation within a residentially or institutionally zoned area is necessary to comply with the 1996 Telecommunications Act and subsequent case law interpreting that act or as a replacement of an existing tower, the city may approve location within a residential or institutional zone by conditional use permit. In evaluating such circumstances, the city may employ the services of a consulting expert, the expense for which shall be compensated to the city by the applicant as an administrative cost of processing the application.

(c)

Tower and antenna height. No tower and/or antenna, other than alternative tower structures, shall exceed 120 feet in height. No antenna or other telecommunication device shall extend more than 20 feet above the highest point of an alternative tower structure (e.g., building, water tower, electric pole, etc.). Tower height shall be measured from the average adjoining grade to the highest point of the tower or antenna.

(d)

Tower design. Telecommunication installations shall be designed to blend into the surrounding environment and protect important visual vistas to the greatest extent possible by using stealth design when required by the planning commission. If stealth design is not required, a monopole rather than latticework tower shall be required.

(e)

Tower/antenna color. Telecommunication towers and antennas shall be finished with a non-corrosive material and painted in a neutral color to reduce visual obtrusiveness.

(f)

Lighting. No tower or antenna shall be artificially illuminated unless required by the FAA.

(g)

Advertising signs. No advertising sign shall be placed on a telecommunication tower or antenna.

(h)

Accessory building/structure design. Equipment facilities, accessory buildings, and fence enclosures shall be designed with brick, stone, and/or decorative block materials and reflect the design of buildings within the surrounding area.

(i)

Landscaping. A buffer of plant materials of sufficient maturity and size to immediately and effectively screen the equipment cabinets, structures or buildings from public view and from adjacent properties shall be provided.

(1)

The minimum buffer shall consist of a landscaped strip at least five feet in width outside the entire perimeter of the wireless communications facility.

(2)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived with the approval of the planning commission.

(3)

Existing mature tree growth and natural land forms shall be preserved to the maximum extent possible. In some cases, such towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

(4)

All landscaping requirements detailed here shall be properly maintained so long as the telecommunication installation is in place.

(j)

Building codes and safety standards. The owner or operator of the telecommunication installation shall ensure that the installation is maintained in compliance with the standards contained in all applicable city codes, applicable at the time the installation was constructed. The more stringent of the codes shall apply. If, upon inspection, the building inspector concludes that the installation fails to comply with any one or more of such applicable codes and standards and constitutes a danger to person or property, then upon notice being provided to the owner or operator of the installation and to the title holder of the property upon which the installation is located, the owner, operator or title holder shall have 30 days to bring such installation into compliance with such standards. If the owner, operator or titleholder fails to bring such installation into compliance within said 30 days, the city may commence appropriate enforcement proceedings.

(k)

Regulatory compliance. All telecommunication installations must meet the standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate such installations applicable at the time the installation is constructed. If such standards and regulations are changed, then, if required by the changed standard or regulation, the owners or operators of the installation governed by this division shall bring the installation into compliance with the revised standards and regulations within 120 days of the effective date of the change in standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Failure to bring the installation into compliance with the revised standards and regulations shall constitute grounds for the removal of the installation at the expense of the owner, operator or titleholder, as the case may be. All applicants proposing telecommunication installations must provide the city with a letter of approval from the FAA prior to commencement of construction.

(l)

Security. All telecommunication installations shall be protected by appropriate security devices. A description of proposed security measures shall be provided as part of any application to site, construct, install or modify installations. Additional measures may be required as a condition of the issuance of any building permit as deemed necessary by the city.

(m)

Setbacks and offsets. Telecommunication towers shall be set back a minimum of 50 feet from a front, side, or rear lot line.

(Code 1957, § 3.166(6); Ord. No. 2001-1008, § I, 3-13-2001; Ord. No. 2008-1238, § I, 4-8-2008)

(a)

General requirements. The telecommunication installation shall be maintained in accordance with all applicable local, state and federal regulations. If the building inspector concludes that a tower or any other part of a telecommunication facility fails to comply with such codes and constitutes a danger to persons or property in the vicinity, the city building inspector shall notify the owner or operator of the telecommunication facility of such fact. The notice shall be in writing and shall require the owner or operator to bring the installation into compliance with such applicable codes within 30 days of the date of service of the notice. If the owner or operator fails to bring the telecommunication installation into compliance within the time provided, the city building inspector may order the tower or other telecommunication installation to be repaired, maintained, or modified to the extent necessary to protect persons or property in the vicinity. The cost of removing the tower or other portion of the installation shall be at the owner's expense. The owner and the operator shall be responsible to maintain the premises upon which the installation is located in a clean and sanitary condition.

(b)

Operator interference. Operation of a tower facility shall be undertaken so as not to interfere with any other form of wireless communication. In the event any complaints of interference are received, and they are reasonably suspected by the city to be caused by the tower, the city shall notify the applicant and property owner. The applicant shall have a period of 30 days to investigate said complaints and respond to the city. In the event that it is determined that the tower is the source of interference, the applicant shall have ten days to correct all problems in accordance with federal and state law.

(c)

Outdoor storage prohibited. No person shall store any vehicles, equipment or other goods on the site of the telecommunication facility except in an enclosed building. This section does not apply to temporary overnight storage of vehicles or equipment necessary for the construction or repair of the telecommunication facility.

(Code 1957, § 3.166(7); Ord. No. 2001-1008, § I, 3-13-2001)

(a)

Evidence of abandonment. An antenna or tower shall be deemed abandoned if any of the following shall occur:

(1)

The antenna or tower is not operated for six continuous months.

(2)

The owner or operator has notified the city that it has ceased operations of the antenna or tower.

(b)

Notification of abandonment. The owner or operator of a telecommunication facility shall notify the city in writing whenever an antenna or tower is abandoned or its use discontinued. Such notice shall be given to the planning department within 30 days of such abandonment or discontinuance.

(c)

Removal of abandoned towers and antennas. The owner and operator of an abandoned tower or antenna shall remove it from the telecommunications facility within six months after the tower or antenna is abandoned or its use discontinued, unless a longer period is approved by the planning commission upon a showing by the owner or operation that good faith efforts are being made to find another operator for the installation and such longer period is necessary to make use of the facility. If the owner fails to remove the antenna, tower, or any other structure within that time, the city may remove the antenna, tower or any other structure at the owner's and operator's expense. In the event that the cost of removal is not paid, the city may assess the cost of such removal against the property upon which the telecommunications facility is located.

(d)

Site restoration. Whenever a tower is removed from a telecommunications facility, the remainder of the site shall be restored to its pre-existing condition and all buildings, equipment and other devices accessory to the tower shall be removed from the site.

(e)

Letter of credit. An applicant shall provide, as a condition of issuance of a conditional use permit, an irrevocable letter of credit or escrow, the amount of $25,000.00 per installation to guaranty facilities removal and site restoration.

(Code 1957, § 3.166(8); Ord. No. 2001-1008, § I, 3-13-2001; Ord. No. 2008-1238, § I, 4-8-2008)

Pre-existing towers, antenna support structures, antennas or other wireless communication facilities which do not conform to the requirements of this chapter, shall be permitted to continue in accordance with the provisions of the zoning code of the City of Mequon relative to non-conforming buildings, structures and uses.

(Code 1957, § 3.166(9); Ord. No. 2001-1008, § I, 3-13-2001)

The provisions of this chapter shall be enforced by the department of community development and the building inspector. Any person who violates any provision of this chapter shall, upon a conviction be subject to a penalty as detailed in chapter 2 of this Code.

(Code 1957, § 3.166(10); Ord. No. 2001-1008, § I, 3-13-2001)