New Auburn Village City Zoning Code
ARTICLE X
Telecommunications
§ 350-110 Purpose.
The purpose of this article is to establish regulations for signal received antennas and wireless telecommunication facilities.
§ 350-111 Signal receiving antennas.
A.
Purpose. This section regulating the placement of signal receiving antennas is adopted to:
(1)
Provide uniform regulation of all signal receiving antenna devices.
(2)
Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals.
(3)
Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the antenna; and
(4)
Provide for placement of such antennas in locations that preserve access to rear property areas by firefighting apparatus and emergency personnel.
B.
Permit required. No owner shall, within the Village of New Auburn, build, construct, use or place any type of signal receiving antenna until a permit shall have first been obtained from the Zoning Administrator.
C. OWNER SIGNAL RECEIVING ANTENNA
Definitions. For purposes of this section, and as used in this section, the following terms shall have the meanings indicated:
The holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his/her interest. The personal representative of at least one owner shall be considered an owner.
Is defined as any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. This definition includes all types of signal receiving antennas, including, without limitation, parabolic antennas, home earth stations, satellite television disks, UHF and VHF television antennas, and AM, FM, ham and short-wave radio antennas, regardless of the method of mounting.
D.
Application. Application for a signal receiving antenna permit shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a fee as set forth in the Village's annual fee schedule and a sufficient set of mounting plans and specifications, including a general plot plan showing the location of the proposed signal receiving antenna with respect to streets, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
E.
Installation standards. Signal receiving antennas installed in any zoning district within the Village shall comply with the following provisions:
(1)
Setbacks.
(a)
Any signal receiving antenna and its mounting post shall be located a minimum of 10 feet from any property line.
(b)
Subject to the provisions herein, signal receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property. For corner lots, a side yard is only a yard that does not face a street.
(c)
If side yard, front yard, or roof mounting is requested, the Zoning Administrator shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.
(2)
Mounting. Signal receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Zoning Administrator may require engineering calculations.
(3)
Diameter. The diameter of the signal receiving antenna shall not exceed 15 feet in diameter, except for systems used to provide community antenna television services.
(4)
Height.
(a)
A ground-mounted signal receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed 18 feet in height, as measured from the ground to the highest point of the dish.
(b)
A roof-mounted antenna may not exceed 15 feet in height above the surrounding roof line as measured from the lowest point of the existing roof line.
(5)
Wind pressure. All signal receiving antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 mph.
(6)
Electrical installations. Electrical installations in connection with signal receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin State Electrical Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground. If a signal receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All signal receiving antennas shall be grounded against direct lightning strikes.
(7)
Temporary placement. No portable or trailer-mounted signal receiving antenna shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall first give written notice to the Zoning Administrator of the date when such placement shall begin and end.
(8)
Advertising. No form of advertising or identification, sign or mural is allowed on the signal receiving antenna other than the customary manufacturer's identification plates.
(9)
Interference with broadcasting. Signal receiving antennas shall be filtered and/or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the signal receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(10)
Compliance with federal regulations. The installation and use of every signal receiving antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.
(11)
Aesthetic considerations. Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build, or locate any signal receiving antenna in violation of any provisions of this section. In the event of any violation, the Village Board or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this section.
(2)
Any person, firm, or corporation who fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty under the Village's forfeiture schedule.
§ 350-112 Wireless telecommunication facilities.
A.
Purpose and intent.
(1)
The purpose and intent of this section is to strike a balance between the state and federal interest concerning the construction, modification, and siting of mobile service facilities and mobile service support structures for use in providing personal wireless services, and the Village's interest in:
(a)
Protecting residential areas and land uses from the potential adverse impacts of towers and antennas.
(b)
Minimizing the total number of towers throughout the community.
(c)
Encouraging the joint use of new and existing tower sites as a primary siting option rather than construction of additional single-use towers.
(d)
Avoiding potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(2)
This section establishes regulations for:
(a)
The siting and construction of any new mobile service support structure and facilities.
(b)
With regard to a Class I collocation, the substantial modification of an existing support structure and mobile service facilities; and
(c)
With regard to a Class II collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
(3)
The regulations contained in this section shall be interpreted to comply with § 66.0404, Wis. Stats., and any amendments thereto. Any provisions within the Code that conflicts with the Village's authority under § 66.0404, Wis. Stats., shall not be applied to new mobile service support structure and facilities, Class 1 collocation, or Class 2 collocation.
B.
Authority. The Village of New Auburn has the specific authority under §§ 61.35, 62.23 and 66.0404, Wis. Stats., to adopt and enforce this section.
C.
Definitions. Unless expressly indicated, all terms in this section shall have the meanings established in § 66.0404(1), Wis. Stats.
D.
Siting and construction of any new mobile service support structure and facilities.
(1)
A Village zoning permit is required for the siting and construction of any new mobile service structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the Village obtainable with this permit through the conditional use permit process.
(2)
An application for a permit to engage in the siting or construction of a new mobile service support structure and facilities shall be submitted in writing to the Zoning Administrator. The Zoning Administrator shall submit a copy of the application to the Building Inspectors for review and recommendation on all structural requirements. The application shall contain the following information:
(a)
The name and business address of, and the contact individuals for, the applicant.
(b)
The location of the proposed or affected support structure.
(c)
The location of the proposed mobile service facility.
(d)
If the request is to substantially modify an existing support structure, a construction plan must be in included which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
(e)
If the application is to construct a new mobile service support structure, a construction plan must be included which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
(f)
If the application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(g)
If the application is to construct a new mobile service support structure, the application shall demonstrate that the structure will be located a distance from any residential dwelling structure that is equal to the height of the mobile service support structure plus 10 feet measured from the base of the support structure to the nearest portion of the residential dwelling structure (including roof overhangs, porches and patios). Alternatively, the applicant may demonstrate through submittal of an engineering certification showing that the mobile service support structure is designed to collapse within a smaller distance than the height of the structure.
(h)
The fee for the permit shall be as established in the Village fee schedule [but may not exceed $3,000 per § 66.0404(4)(d), Wis. Stats.].
(3)
The Zoning Administrator shall inform the applicant within 10 days of receipt of the application if the application is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.
(4)
Within 90 days of receipt of a completed application, the Zoning Administrator shall issue a written decision to approve or deny the application. If the application is denied, the written decision shall set forth the reasons for denial based upon substantial evidence. The Zoning Administrator and the applicant may agree in writing to an extension of the ninety-day period.
(5)
Pursuant to § 66.0404 (2)(f), Wis. Stats., the decision of the Zoning Administrator, or of the Village Board under Subsection C(4), is a final decision appealable to circuit court.
E.
Class 1 collocation.
(1)
A Village Zoning permit is required for a Class 1 collocation. A Class 1 collocation is a conditional use in the Village obtainable through the conditional use permit process of this chapter.
(2)
An application for a permit to engage in a Class I collocation shall be completed by the applicant and submitted in writing to the Zoning Administrator. The application must contain, at a minimum, the following information:
(a)
The name and business address of, and the contact individuals for, the applicant.
(b)
The location of the proposed or affected support structure.
(c)
The location of the proposed mobile service facility.
(d)
If the application is to substantially modify an existing support structure, a construction plan must be included which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
(e)
The fee for the permit shall be as established in the Village fee schedule [but may not exceed $3,000 per § 66.0404(4)(d), Wis. Stats.].
(3)
The Zoning Administrator shall inform the applicant within 10 days of receipt of the application if the application is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.
(4)
Within 90 days of receipt of a completed application, the Zoning Administrator shall issue a written decision to approve or deny the application. If the application is denied, the written decision shall set forth the reasons for denial based upon substantial evidence. The Zoning Administrator and the applicant may agree in writing to an extension of the ninety-day period.
(5)
Pursuant to § 66.0404 (2)(f), Wis. Stats., the decision of the Zoning Administrator, or of the Village Board under Subsection C(4), is a final decision appealable to circuit court.
F.
Class 2 collocation.
(1)
A Village zoning permit is required for a Class 2 collocation. A Class 2 collocation is a permitted use in the Village but still requires the issues of a Village building and zoning permit.
(2)
An application for a permit to engage in Class 2 collocation shall be completed by the applicant and submitted in writing to the Zoning Administrator. The application must contain, at a minimum, the following information:
(3)
The Zoning Administrator shall inform the applicant within five days of receiving the application if the applicant is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.
(4)
Within 45 days of receipt of a completed application, the Building Inspector shall issue a written decision to approve or deny the application, except that the Zoning Administrator and the applicant may agree in writing to an extension.
(5)
Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.
(6)
Pursuant to § 66.0404(2)(f), Wis. Stats., the decision of the Zoning Administrator, or of the Village Board under Subsection C(4), is a final decision appealable to circuit court.
G.
Abandonment. If a mobile service support structure shall cease to be used for a period exceeding one year and a day, it shall be considered abandoned. The owner or operator of said structure shall remove the structure and related improvements upon at no cost to the Village within 90 days thereafter and return the site to an erosion and dust free condition. Prior to the issuance of any building or zoning permits to construct the support structure, a performance bond shall be provided to guarantee that a support structure that has ceased being used for mobile service facilities purposes is removed. The bond amount shall be the lesser of $20,000 or an amount based on a written estimate of a person qualified to remove such structures. Responsibility to remove abandoned structures may be assigned to the owner of property upon which the structure is located or any other mobile service provider with facilities on the structure upon notice to the Zoning Administrator that such assignment has been made and accepted and filing of a new bond for the new responsible party. Notwithstanding the foregoing, the owner of property upon which the structure sits may be held jointly and severally liability by the Village for the obligation and cost of removal of any abandoned structure and in the event the structure is not removed in accordance with this section, upon 60 days' notice, the Village may cause the structure to be removed and assess the cost thereof to the property under § 66.0627, Wis. Stats.
H.
Structural requirements. Every mobile service support structure and mobile service facility shall be designed and constructed so as to comply with the requirements of Chapter 142 of the Village of New Auburn Code of Ordinances, and International Building Code (IBC) Section 3108, as amended from time to time. If, upon inspection, the Building Inspector concludes that a structure or facility 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 structure or facility, 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 structure or facility into compliance within said 30 days or such time as determined by the Building Inspector shall constitute grounds for the removal of the structure or facility at owner's expense.
I.
Tower and building design. All new mobile service support structures and facilities shall be designed as follows:
(1)
Mobile service facilities and mobile service support structures shall be constructed out of metal or other nonflammable material.
(2)
Mobile service facilities and mobile service support structures shall ensure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
(3)
Emergency back-up generators shall be completely enclosed on all sides. Other efforts to mitigate noise from such generators may be required.
(4)
All new mobile service support structures 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. Multiple-user mobile service support structures 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.
(5)
Mobile service support structures are not subject to the height restrictions established for any district in which they are located.
J.
Location. A good faith effort in achieving collocation shall be required of the applicant and host entity, subject to existing collocation contracts, and all of the following measures shall be implemented for new mobile service support structures and Class 1 collocations:
(1)
No mobile service support structure shall be installed closer than 1/4 mile from another mobile service support structure, measured from the base of the existing structure to the base of the proposed structure, unless the applicant provides a sworn statement from an individual who has responsibility over the placement of the mobile service structure attesting that collocation within the applicant's search ring:
(2)
Mobile service support structure(s) may be located on a lot in a residential district, only if said lot is greater than two acres in area and the principal use is other than residential.
(3)
Mobile service support structures towers, guy wires, appurtenant equipment, and buildings shall comply with the yard and setback requirements of the zoning district in which they are located.
(4)
Mobile service support structures shall be located no closer to any residential dwelling structure than a distance that is equal to the height of the mobile service support structure and attached facilities (including possible future collected facilities) plus 10 feet measured from the base of the support structure to the nearest portion of the residential dwelling structure (including roof overhangs, porches and patios) unless the applicant demonstrates through submittal of an engineering certification showing that the mobile service support structure is designed to collapse within a smaller distance than the height of the structure and attached facilities (including possible future collected facilities). Unless the Building Inspector can demonstrate by substantial evidence that the engineering certification is flawed, the mobile service support structure shall be located no closer to any residential dwelling structure than zone of collapse established by the engineering certification plus 10 feet.