Nekoosa City Zoning Code
§ 17.311
Wireless communications towers and facilities.
[Added by Ord. No. 492]
(1)
Purpose and application.
(a)
Purpose. The purpose of this section is to establish regulations for wireless communications facilities that minimize adverse impacts to the community; encourage the location of antenna support structures in nonresidential zoning districts; minimize the total number of antenna support structures within the community; encourage joint use of new and existing antenna support structures; encourage the attachment of antennas to existing structures; identify appropriate locations for wireless communications facilities; ensure that antennas and antenna support structures are configured in a way that minimizes adverse visual impacts by careful design, appropriate siting, landscape screening and innovative camouflaging techniques; avoid damage to adjacent properties from antenna support structure failure through careful engineering and locating of such structures; and facilitate the provision for wireless communications facilities to the community quickly, effectively and efficiently.
(b)
Application. This section shall apply to all wireless communications facilities, except that it shall not apply to radio or television reception antennas, satellite or microwave parabolic antennas not used by wireless communications service providers, receive-only antennas, antennas less than 70 feet in height and owned by a federally licensed amateur radio station operator, any tower or antenna lawfully in existence in the City on the date that this section becomes effective or to the facilities of any cable television company holding a valid and current franchise or commercial radio and/or television broadcasting facilities.
(2)
Building Code. The construction and installation of antenna support structures, antennas, antenna arrays, the installation or placement of antenna arrays on buildings and the placement of antennas on alternative support structures shall be subject to the requirements of Chapter 14 of this Code, the requirements of the Electronics Industries Association/Telecommunications Industries Association and any additional standards applicable thereto published by the Electronics Industries Association.
(3)
Site plan review by Plan Commission. All antenna support structures, antennas, antenna arrays and wireless communications facilities shall be subject to site plan review. The following requirements are in addition to other requirements of this chapter:
(a)
Lighting. No antenna support structure shall be artificially lighted except as required by the Federal Aviation Administration or other governmental agency.
(b)
Signage. There shall be no signs, symbols, flags, banners or other devices or things attached to or painted on or inscribed upon any antenna support structures or antennas.
(c)
Finish. All lattice towers and monopole towers shall be finished in a nonreflective neutral color or otherwise as directed by the Plan Commission.
(d)
Support facility requirements.
1.
All support facilities, including buildings used for switching and other support functions, shall be placed in close proximity to the support structure on which antennas are proposed.
2.
Support facilities, including all equipment enclosures, shelters, cabinets, boxes or vaults, designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communications signals and data, including any provisions for air conditioning, ventilation or auxiliary electrical generators, shall be completely screened with trees, shrubs, fences or other decorative materials planted at a minimum width of five feet so as to be obscured from view from adjacent properties and from the street. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.
3.
Support facilities shall be kept locked at all times and shall be clearly labeled as to the owner, operator or person to be contacted in the event of an emergency.
Table 1 Antenna Attached to Existing Tower or Structure* | |||||
|---|---|---|---|---|---|
Zoning District | Industrial M-1 | Business B-1, B-2 | Residential R-1, R-2, R-3, R-4 | Other A-1 | Conservancy C-1 |
Attached | Permitted | Permitted | Prohibited | Conditional | Conditional |
Height maximum | Underlying zone | Not greater than 20 feet above existing structure | Not greater than 20 feet above existing structure | ||
Setback minimum | Structure setback limits of district | Structure setback limits of district | |||
NOTE: | |
|---|---|
* | Antenna arrays may be mounted on the top and attached to roofs of existing buildings or structures that are at least 30 feet or more in height above the street grade upon which such building fronts or may be attached to the facades of buildings, existing towers or other structures; provided, however, that such antenna structure and arrays shall add not more than 20 feet to the total height or elevation of such building or structure from the street grade, including the antenna array, and antenna arrays so mounted shall be obscured from view from the street upon which such building or structure fronts by the use of screening material designed, painted and maintained in a manner that will blend with the appearance of the building or structure. |
Table 2 Freestanding New Antenna | ||||||
|---|---|---|---|---|---|---|
Zoning District | Industrial M-1 | Business B-1, B-2 | Residential R-1, R-2, R-3, R-4 | Other A-1 | Conservancy C-1 | |
New antenna | ||||||
>500 feet from residential zone | Permitted | Permitted | Prohibited | Conditional | Conditional | |
>300 feet but <500 feet from residential zone | Conditional | Conditional | Prohibited | Conditional | Conditional | |
Height maximum | 70 | 70 | 70 | 70 | ||
Setback minimum | Height of tower | Height of tower | ||||
(4)
Co-location. All wireless communications service providers shall cooperate with other wireless communications service providers in co-locating additional antenna on antenna support structures and/or on existing buildings or other alternative antenna support structures. A wireless communications service provider shall exercise good faith in co-locating with other providers and sharing antenna sites, provided that such shared use does not give rise to a substantial technical level impairment of the ability to provide wireless communications service. Such good faith shall include sharing of technical information to evaluate the feasibility of co-location. All antenna support structures shall be available for use by the owner or initial user thereof, together with as many other wireless communications service providers as may be technically accommodated. In the event that a dispute arises as to whether a provider has exercised good faith in accommodating other providers, the City may require a third-party technical study at the expense of either or both of such providers.
(5)
Locations of antennas for wireless communications service.
(a)
Antenna attached to existing tower or structure. See Table 1 above.
(b)
New freestanding antennas.
1.
Demonstrate need for new structure. No new antenna support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Plan Commission that no existing antenna support structure, alternative support structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's wireless communications needs. An applicant shall provide the information requested by the City Clerk for submittal to the Plan Commission relating to the availability of suitable existing antenna support structures, alternative antenna support structures or alternative technology. Evidence submitted to demonstrate such facts may consist of the following:
a.
That no existing antenna support structures or alternative antenna support structures are located within the geographic area which meet the applicant's engineering requirements; and/or
b.
That existing antenna support structures and alternative antenna support structures are not of sufficient height to meet the applicant's engineering requirements; and/or
c.
That existing antenna support structures and alternative antenna support structures do not have sufficient structural strength to support the applicant's proposed antennas and related equipment; and/or
d.
That the applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing antenna support structure or alternative antenna support structure, or the antennas on the existing antenna support structure or alternative antenna support structure would cause interference with the applicant's proposed antennas; and/or
e.
That the fees, costs or contractual provisions required by the owner in order to share an existing antenna support structure or alternative antenna support structure or to adapt an existing antenna support structure or alternative antenna support structure for co-location sharing is unreasonable. Costs exceeding new antenna support structure development are presumed to be unreasonable.
f.
That an alternative technology that does not require the use of towers or buildings for height, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new antenna support structure development shall not be presumed to render the technology unsuitable.
2.
Freestanding new antenna location. See Table 2 above.
(6)
Publicly owned property. In addition to all other locations permitted or permitted as a conditional use, antenna and appurtenant structures may be permitted on all publicly owned property subject to approval by the Council. Wireless communications facilities on publicly owned property shall be subject to Subsections (3) and (4) above.
(7)
Antenna support structures; removal when no longer used. Any antenna support structure that has had no antenna mounted upon it for a period of 180 successive days, or if the antennas mounted thereon are not operated for a period of 180 successive days, shall be considered abandoned, and the owner thereof shall remove such structure and any accompanying equipment enclosure within 90 days after the receipt of a notice from the City to do so. During such 90 days, the owner may apply and, for good cause, be granted an extension of time on such terms as the Plan Commission shall determine. If such structure and equipment enclosure are not so removed, the City may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which such structures are located in an amount equal to the cost of removal. Any notice given under this section is subject to appeal to the Council. In the event that more than one wireless communications service provider is using the support structure, this provision shall not become effective until all users cease using such structure.