To achieve the following objectives by the authority outlined in Wis. Stats. § 62.23, and to be consistent with the Federal Telecommunications Act of 1996, this article shall:

(1)

Protect and promote the safety, community welfare and aesthetic quality of the city.

(2)

Provide a uniform and comprehensive set of standards for the development and installation of telecommunication towers, antennas and related facilities.

(3)

Provide a process for obtaining the necessary permits for telecommunication facilities while at the same time protecting the interests of city's citizens.

(4)

Ensure that a nondiscriminatory, competitive and broad range of telecommunications services and high quality telecommunications are provided to serve the community.

(5)

Minimize conflicting uses of the land, both existing and planned, to include adverse visual effects.

(6)

Protect environmentally sensitive areas of the city by regulating the location, design and operation of telecommunication towers, antennas and related facilities.

(7)

Encourage the use of alternative support structures, colocation of new antennas on existing telecommunication towers, camouflaged towers, and construction of towers with the ability to locate three or more providers.

(8)

Promote efficiency by differentiating between minor and major projects, enabling a two-level processing of discretionary permit applications.

(Code 1993, § 13-1-185; Ord. No. 01-03, 5-8-2001)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative support structure means clock towers, steeples, silos, light poles, water towers, buildings or similar structures that may support telecommunication facilities.

Antenna means 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 omni-directional "whip" antennae.

Antenna, building-mounted, means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building.

Antenna, ground-mounted, means any antenna with its base placed directly on the ground.

Antenna, utility pole-mounted, means an antenna attached, without regard to mounting, to or upon, an existing or replacement electric transmission or distribution pole, street light, traffic signal, athletic field light, utility support structure or other similar structure approved by the applicable city planning zoning authority.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

Camouflaged tower means any telecommunication tower that due to design or appearance blends the tower into the surrounding environment; hiding, obscuring, or otherwise concealing the presence of the tower and antennas.

Carrier means companies licensed by the FCC to build personal wireless facilities and operate personal wireless services.

Grade, finished, means the final elevation of the ground level after development, not to exceed a change in elevation of eight feet from the original grade as determined by the site plan.

Grade, original, means the elevation of the ground level in its natural state, before construction, filling or excavation.

Guyed tower means a telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

Height, telecommunications tower, means the distance measured from the finished grade at the base of the tower to the highest point of the tower. This measurement includes any attached antennas, protection devices (e.g., lightning rods, and lighting).

Lattice (self-support) tower means a telecommunication tower that consists of vertical and horizontal supports and crossed metal braces.

Monopole means a telecommunication tower of a single pole design.

Navigable stream or lake means as designated on the United States Geological Survey (USGS) map.

Nonconforming means any preexisting telecommunication facility that was in existence prior to the adoption of the ordinance from which this article is derived, and that has not been issued a conditional use permit or was issued a conditional use permit prior to the adoption date of the ordinance from which this article is derived. This definition shall only apply to this specific article and shall not apply to other city ordinances.

Operation means other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications it shall be deemed in operation.

Parcel means a separately designated area of land, owned or leased, delineated by identifiable legally recordable boundary lines.

Platform means a support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.

Satellite dish means a device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. The term "satellite dish" means and includes, but is not limited to, what are commonly referred to as satellite earth stations, TVRO's and satellite microwave antennas.

Shoreland zone means lands, subject to the provisions of Wis. Stats. ch. 107, within the following distances from the ordinary high-water mark of navigable water: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Structure means anything erected, the use of which requires more or less permanent location on the ground.

Telecommunication facility means a facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunication signals, excluding those facilities exempted under section 113-292.

Telecommunication facility collocated means a telecommunication facility comprised of a single telecommunication tower or building supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private entity.

Telecommunication support facility means the telecommunication equipment buildings and equipment cabinets.

Telecommunication tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guy towers, or monopole towers. The term "telecommunication tower" means and includes radio and television transmission towers, microwave towers, and common-carrier towers. The term "telecommunication tower" does not mean and include alternative support structures and those facilities exempted under section 113-292.

Zoning administrator means and includes the city department of planning and development, the city plan commission and the city zoning administrator, or his designees.

(Code 1993, § 13-1-186)

The following are exempt from regulations under this article only:

(1)

Television antennas/dishes. The use of television antenna, satellite dishes and receive-only antennas, provided that the primary use of the property is not a telecommunication facility and that the antenna use is accessory to the primary use of the property.

(2)

Amateur radio. This article shall not govern the installation of any antenna and its supporting towers, poles and masts that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive-only antennas.

(3)

Public information mobile services. Mobile services providing public information coverage of news events of a temporary or emergency nature.

(4)

Utility pole-mounted antennas. Utility pole-mounted antennas if the highest part of the antenna is 30 feet or less above the highest part of the utility pole.

(5)

City public safety towers. For coordination purposes, the city police department will notify the planning and development department of their plan of locations for public safety towers.

(6)

Temporary towers. Temporary telecommunication towers and supporting facilities (i.e., cell on wheels), the highest part not to exceed 100 feet in height and for a time period not to exceed three months are allowed in any location not posing a public safety hazard.

(Code 1993, § 13-1-187)

(a)

Conditional use permit. Applicants are required under this article to obtain a conditional use permit. Conditional use permit issuance authority is hereby granted to the city plan commission. Failure to obtain the proper permits shall be considered a violation of this article and may subject the violator to any appropriate penalties. Telecommunication facilities shall display the permit number, in legible form, not less than three inches in height, on the tower in plain view from the facility access point. A telecommunication facilities permit shall expire six months after issuance if the tower and/or supporting facilities have not been erected. An extension of time, not to exceed six months per request, may be granted by the zoning administrator or his designees due to unforeseen or extenuating circumstances. There is no additional fee required for a permit extension.

(b)

Performance standards. All telecommunication facilities seeking a conditional use permit shall be subject to the following performance standards:

(1)

Color. Telecommunication towers shall be painted a noncontrasting color in relation to the surrounding environment to minimize visibility, unless otherwise required by the Federal Communication Commission (FCC) or Federal Aviation Administration (FAA). Galvanized towers may be permitted.

(2)

Camouflaging. Camouflaged towers and related facilities are encouraged and may be required in historical, environmental or other sensitive areas as determined by the zoning administrator.

(3)

Landscaping. Telecommunication facilities shall be installed to minimize disturbance to existing native vegetation and the zoning administrator reserves the right to require a site plan depicting: installation of an evergreen screen that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum or equivalent.

(4)

Security requirement. Telecommunication towers and guy anchors shall be secured. Security fencing eight feet in height or anticlimbing devices shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the zoning administrator.

(5)

Signs. The use of any portion of a tower or supporting facility for signs other than warning or equipment information signs is prohibited.

(Code 1993, § 13-1-188)

Telecommunication facilities may be permitted only in the following zoning districts, subject to conditional use review and approval by the city plan commission pursuant to article IV of this chapter:

(1)

Public use/parks and recreation districts.

(2)

Industrial districts.

(3)

In any district, if located or attached to the following: water towers, collocated on existing towers, utility poles, church buildings or school buildings subject to section 113-293.

(Code 1993, § 13-1-189)

(a)

Required information. For all telecommunication facilities, except exempt facilities as defined in section 113-292, the city plan commission shall require the following information to accompany every application. Said information shall include, but may not be limited to:

(1)

Zoning administrator review and written recommendation, which includes, but is not limited to, a statement on whether the application complies with applicable zoning requirements.

(2)

Completed conditional use application and fee as established by the common council, from time to time and as indicated on the schedule of licenses and fees appearing in chapter 16 of this Code.

(3)

Original signature of the applicant and landowner, if the telecommunication facility is located in an easement or pursuant to a ground lease, the beneficiaries of the easement or ground lease and underlying property owner must authorize the application.

(4)

The identity of the carrier provider, applicant, landowner and service provider.

(5)

The name, address and telephone number of the officer, agent and/or employee responsible for the accuracy of the application.

(6)

A site plan, showing a written legal description of the parcel boundaries, including lease boundaries and acreage, tower and support facilities, including dimensions, access, landscaping, fencing, zoning district, adjacent zoning districts if different than site, existing and proposed contours, location map, north arrow and plan scale.

(7)

In the case of a leased site, a lease agreement or binding lease memorandum which shows on its face that it does not preclude the tower owner from entering in to leases on the tower with other providers.

(8)

A description of the telecommunications services that the applicant offers or provides, to persons, firms, businesses or institutions.

(9)

Plans indicating security measures (i.e., access, fencing, lighting, etc.).

(10)

Any applicant requesting permission to install a new tower shall provide evidence of a written contact with all wireless service providers who supply service within a one-half mile radius of the proposed facility. The applicant shall inquire about potential colocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 30 days. The applicant's letter as well as response shall be presented to the city plan commission as a means of demonstrating the need for a new tower.

(11)

Such other information as the city plan commission may reasonably require.

(b)

Inventory of existing telecommunications towers. The conditional use permit application shall include a tabular and map inventory of all of the applicants' existing telecommunications towers that are located within the city and including all of the applicant's existing towers within 1½ miles of the city boundary. The inventory shall specify the location, height, type, and design of each of the applicants' existing telecommunication towers, and the ability of the tower or antenna structure to accommodate additional colocation antennas.

(c)

Additional information. When applicable, the following information shall be submitted as a condition of approval for a telecommunications facilities conditional use permit:

(1)

Federal Communication Commission (FCC) license numbers and registration numbers.

(2)

Copies of all filings submitted to the FCC, including any environmental assessment (EA) reports of Form 600 or Form 854.

(3)

Copies of the determination of no hazard from the Federal Aviation Administration (FAA), including any aeronautical study determination or other findings, and the state bureau of aeronautics.

(4)

A report prepared by an engineer licensed by the state certifying the structural design of the tower and its ability to accommodate additional antennas.

(5)

Any person, firm or corporation engaged in the business of erecting, repairing, maintaining or relocating any telecommunication tower or owner of a telecommunication facility shall maintain in effect at all times a policy of liability insurance of not less than $1,000,000.00. Proof of insurance shall be presented to the city zoning administrator on an annual basis.

(d)

Technical review. When determined necessary, based on in-house review, the zoning administrator shall employ on behalf of the city an independent technical expert to review materials submitted in those cases where a technical demonstration of unavoidable need or unavailability of alternative has been submitted by the applicant. The applicant shall pay all the costs of said review. The payment to the city shall be due upon receipt of an invoice. All invoices, fees and charges accumulated for the technical review must be paid in full prior to the issuance of permit.

(Code 1993, § 13-1-190)

Telecommunication facilities, except facilities under section 113-292, seeking a conditional use permit under section 113-295 shall comply with the following structural, design and environmental standards:

(1)

Tower, antenna and facilities requirements.

a.

All telecommunication towers and antennas shall meet or exceed the standards and regulations, in place at the time of the issuance of the telecommunication facilities permit or conditional use permit, of the Federal Aviation Administration (FAA), the state bureau of aeronautics, Occupational Safety and Health Association (OSHA), the Federal Communication Commission (FCC) and any other agency of the state and/or federal government with the authority to regulate towers and antennas.

b.

Telecommunication towers shall be constructed out of metal or other nonflammable material, unless specifically permitted by the city to be otherwise.

c.

All ground-mounted telecommunication towers shall be self-supporting monopoles, guyed towers or lattice towers capable of supporting the colocation of at least three carriers.

d.

Satellite dish and parablic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

e.

Telecommunication support facilities shall be constructed out of nonreflective materials, visible surfaces only, and shall be designed to blend with existing architecture in the area or shall be screened from sight by mature landscaping. Support facilities shall not exceed 15 feet in total height.

f.

Telecommunication towers, facilities and antennas shall be designed and constructed in accordance with any regulations of the state and/or federal government agencies having the authority to regulate towers and antennas.

g.

The maximum height of an antenna platform located on a roof top shall be 20 feet above the roof.

h.

Telecommunication facilities shall not interfere with or obstruct existing or proposed public safety, fire protection or Supervisory Controlled Automated Data Acquisition (SCADA) operation telecommunication facilities. Any actual interference and/or obstruction shall be corrected by the applicant at no cost to the city.

(2)

Lighting. Telecommunication towers shall not be artificially lighted, unless required by the Federal Aviation Administration (FAA) or other applicable regulatory authority.

(3)

Site development, roads and parking.

a.

A leased parcel intended for the location of new telecommunication tower and equipment building shall maintain a minimum parcel size of 2,500 square feet.

b.

A parcel owned by the telecommunication carrier and/or provider and intended for the location of new telecommunication tower and equipment building shall meet the minimum size requirement of the zoning district.

c.

All sites must be served by a minimum 30-foot-wide ingress/egress with a turnaround. All sites shall use existing access points and roads whenever possible. The access point to the site shall be approved by the city engineering department, state department of transportation, or the applicable municipality depending on road jurisdiction.

(4)

Colocation. All telecommunication towers shall be constructed to physically accommodate and structurally support at least three additional carriers for colocation of other telecommunication facilities. Colocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline. All collocated and multiple-user telecommunication support facilities shall be designed for compatible joining to facilitate site sharing.

(5)

Existing nonconforming and conforming. Telecommunication towers, antennas and facilities may be increased in height one time during the life of the tower a maximum of 50 feet in order to accommodate colocation. A telecommunication tower that is being relocated or reconstructed to accommodate colocation may be relocated within 50 feet of its existing location, with the review and issuance of a telecommunication facilities permit by the zoning administrator or his designees. The telecommunication tower shall be subject to meeting other sections of this article, the Federal Aviation Administration (FAA) and the state bureau of aeronautics requirements. Routine maintenance and repair on telecommunications facilities is permitted.

(Code 1993, § 13-1-191)

All telecommunication facilities seeking a conditional use permit under section 113-295 shall comply with the following separation and setback standards:

(1)

Separation.

a.

Two towers. Two towers may be permitted to be located within 100 feet of each other subject to a conditional use review and approval of the city plan commission and subject to meeting the setback requirements.

b.

Three towers. Three towers may be permitted within 100 feet of each other subject to a conditional use review and approval of the city plan commission when needed to satisfy the requirements of AM broadcast operations.

c.

Exemptions. Camouflaged towers are exempt from separation between towers as required in subsections (a)(1) and (2) of this section.

(2)

Setbacks. All setbacks shall be measured from the base of the tower or structure.

a.

New tower setbacks. All new towers shall be set back a distance equal to 125 percent of the height of the tower from parcel lines or the distance as approved in a conditional use permit approval, if applicable. The setback requirements under this section may not be reduced, unless the applicant provides engineered plans for the telecommunications facility in compliance with applicable state codes.

b.

Guy wire anchor head setback. All guy wire anchors shall be at least 25 feet from all property lines; this does not include leased parcels. Subsurface anchors or portions of anchors that are subsurface shall remain on the property in which the tower has been constructed.

(Code 1993, § 13-1-192)

(a)

Revocation. Grounds for the revocation of a telecommunication facilities permit, granted pursuant to section 113-295, shall be limited to one of the following findings as determined by the city plan commission:

(1)

The owner of the site, service provider and/or tower owner fails to comply with the requirements of this article as it existed at the time of the issuance of the telecommunication facilities permit.

(2)

The permittee has failed to comply with the conditions of approval imposed.

(3)

The facility has not been properly maintained.

(b)

Revocation process.

(1)

The owner of the site, service provider and/or tower owner shall be notified by certified mail with return receipt requested, of noncompliance by the zoning administrator.

(2)

The owner shall comply with such notice within 30 days to the satisfaction of the zoning administrator.

(3)

If compliance is not obtained within 30 days, the zoning administrator shall notify the city plan commission of the noncompliance and request permission to proceed with the revocation process, the time period may be extended by staff to adjust for seasonal limitations.

(4)

The zoning administrator shall appear at the hearing before the city plan commission to present the evidence of noncompliance. All other interested parties may also give testimony to the committee.

(5)

A written decision of the city plan commission will be made.

(c)

Abandonment. The recipient of a telecommunication facility permit for a telecommunication facility under this article shall notify the zoning administrator when the facility is no longer in operation. All obsolete, damaged, unused, or abandoned towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations, unless the city plan commission approves a time extension. If the tower is not removed, it may be deemed a nuisance under the state statutes or applicable city ordinance. In the event a tower is determined to be a nuisance, the city may act to abate such a 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's) intent to cease operations and shall be given 12 months from the ceasing of operations to remove the obsolete tower and all accessory structures. In the case of multiple operators collocated on a single tower, this provision shall not become effective until all users cease operations for a period of 12 consecutive months. Failure to maintain the tower and support facilities so as to avoid health and safety hazards shall constitute a violation of this article under subsection (a) of this section.

(Code 1993, § 13-1-193)

(a)

Appeals. Any person aggrieved or affected by any decision of the zoning administrator or his designees, or the city plan commission may take appeals to the zoning board of appeals. Such appeals shall be taken within ten calendar days, by filing with the zoning board of appeals a notice of appeal specifying the grounds thereof. The zoning administrator or his designees shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The cost of an appeal shall be as determined by the common council and amended from time to time, by resolution or ordinance. This shall be paid at the time the appeal is filed and shall be paid to the city clerk's office. The zoning board of appeals is empowered to hear and decide appeals to:

(1)

Grant relief when hardship results from strict application of the provisions of this article.

(2)

Grant or deny exceptions, appeals and variances from this article.

(b)

Penalty. Any person who violates any provision of this article shall be subject to the general penalty found in section 1-7. The city may institute appropriate action or proceedings to enjoin violations of this article or violations of the applicable state statutes.

(Code 1993, § 13-1-194)