Permitted uses are permitted by right subject to the provisions of this chapter.

(Ord. No. 99-5, § 17.03(2)(a), 5-4-1999)

Conditional uses are subject to planning commission approval following a determination of acceptable project impact and imposition of appropriate conditions as provided in section 40.155.

(Ord. No. 99-5, § 17.03(2)(b), 5-4-1999)

These uses represent the main or primary use of property or structures as permitted by the regulations of the zoning district in which such use is located.

(Ord. No. 99-5, § 17.03(2)(c), 5-4-1999)

Accessory uses (subordinate uses) and structures are customarily incidental to and located upon the same lot occupied by the principal use or structure. Any accessory use or structure shall conform to the established regulations of the district in which it is located except as specified in this division. No accessory use or structure shall be permitted that by reason of noise, dust, odor, appearance, lighting, traffic generation or other objectionable factors creates a nuisance or a substantial adverse effect upon the property value or reasonable enjoyment of the surrounding property.

(Ord. No. 99-5, § 17.03(2)(d), 5-4-1999)

Unclassified uses are not specifically listed and shall be considered to be prohibited except as may be otherwise specifically provided in this article. In case of questions as to the classification of use, the question shall be submitted to the planning commission or Village of Pewaukee attorney for determination.

(Ord. No. 99-5, § 17.03(2)(e), 5-4-1999)

(1)

Any temporary and/or seasonal structure or use intended to remain in place for nine months or less with the intent to discontinue such use upon the expiration of such fixed time, which structure and/or use does not include the addition of any permanent physical modifications or improvements to the property upon which it is located may be permitted subject to the approval of the Village of Pewaukee Village Administrator upon his review of potential impacts (including but not necessarily limited to such matters as traffic generation, noise emission, light emission, anticipated crowd size/attendance, proposed security, hours of operation, utility service needs such as gas or electricity, odor emission, refuse containment, consistency with neighboring land uses, frequency of use occurrence, duration of use, parking provisions and sanitary provisions) of the use and/or structure. Plan commission approval shall be required if the proposed temporary and/or seasonal use, as previously described, is intended to remain for more than nine months.

(2)

Under the following circumstances, a conditional use permit shall be required prior to establishing the temporary or seasonal use or structure:

(a)

Where such structure does not comply with the offset or setback requirements of the zoning district in which it is located;

(b)

If the proposed use includes outdoor service and/or consumption of alcohol not otherwise previously approved by the village;

(c)

If the use involves food/concession sales/vending and/or retail-type peddling to the general public for more than two consecutive days or three days cumulatively in any 30 day period;

(d)

If the use includes permanent physical modifications or improvements to the property it is to locate upon;

(e)

If the village administrator determines that the proposed structure or use may adversely impact neighboring property owners or the general public health, safety and welfare of the village in whole or in part.

(3)

Request for temporary and/or seasonal use approval shall be submitted to the village administrator for review and dispensation on forms provided by the village. The submittal shall include such plans and information as he shall deem necessary in order to fully assess the request and to accurately document it for the village record.

(4)

Fees for application, review, consideration and approval of temporary and/or seasonal uses may be levied in accordance with applicable section(s) of the Village's Code of Ordinances and may include a requirement for the applicant to execute the Village's "Professional Services Reimbursement Notice."

(Ord. No. 99-5, § 17.03(2)(f), 5-4-1999; Ord. No. 2009-12, § 1, 12-15-2009; Ord. No. 2015-07, § 1, 4-2-2015)

Editor's note— Ord. No. 2015-07, § 1, adopted Apr. 2, 2015, changed the title of § 40.415 from "Temporary uses and structures" to read as set out herein.

Any use, in any district, which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, may be required to be corrected or eliminated by such measures as are directed by the Village of Pewaukee board or its authorized representative.

(Ord. No. 99-5, § 17.03(2)(g), 5-4-1999)

(a)

Determining lot area. For the purpose of this article, the lot area shall be measured from the base setback line and shall be exclusive of the area ultimately to be included in the street between the base setback line and the existing property line.

(b)

Determining minimum average lot width. Average lot width shall be calculated as the average horizontal distance between the side lot lines of the lot. The lot width at the building setback line shall be greater than or equal to the required lot width. Questions of interpretation shall be made by Village of Pewaukee staff.

(c)

No reduction less than required. No lot area shall be reduced by any means so as to create a lot of less than the required size or where the offsets, setbacks, open space or lot area would be reduced below that required by the regulations for the district in which such lot is located, except as provided by appeal in accordance with section 17.19(5) [40.131 et seq.].

(d)

Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and/or dimension to accommodate a permitted use under the requirements of the zoning district in which they are located, are contiguous and are held in one ownership, the planning commission may require that they be combined into one parcel by certified survey map.

(Ord. No. 99-5, § 17.03(3), 5-4-1999)

Except in the case of a condominium, multifamily development, approved guest house or approved construction of speculative homes prior to final subdivision plat approval, not more than one principal detached residential building shall be located on a residential zoning lot, nor shall a detached residential building be located on the same zoning lot with any other principal buildings.

(Ord. No. 99-5, § 17.03(4), 5-4-1999)

(a)

Purpose and intent. The purpose and intent of regulating building and structure location is as follows:

(1)

To require the provision of a buffer zone between noise-intolerant land uses (e.g., residences, nursing homes, day care centers, schools, churches) and adjacent streets or highways to effectively attenuate noise and buffer such developments from the pollution and hazards attendant to vehicular traffic.

(2)

To require the provision of adequate physical separation between uses to minimize conflict.

(3)

To allow exposure to optimum amounts of light, air and ventilation.

(4)

To attenuate noise, odors, fumes and dust generated by land use before they infringe upon adjacent land use.

(5)

To provide aesthetic open space of sufficient size to accommodate landscaping and to soften, complement and enhance architectural design of buildings, parking areas, loading facilities and utilities.

(6)

To provide adequate area for snow piling.

(7)

To ensure adequate separation between pedestrian and vehicular circulation.

(8)

To promote cluster development and other internally oriented living, shopping and working environments, and to discourage strip development.

(9)

To provide adequate area to detain, retain and facilitate surface drainage.

(10)

To protect and preserve the quality and quantity of groundwater resources.

(11)

To prevent development which may result in unacceptable non-point source pollution.

(12)

To provide diversified and balanced growth.

(b)

Base setback line. The following base setback lines are hereby established parallel to the centerline of all public streets and highways:

(1)

For all Village of Pewaukee roads, the base setback line shall be located 30 feet from the centerline of such street or 65 feet from the center point of a cul-de-sac unless otherwise specifically established by action of the village board.

(2)

For all streets and highways, other than those designated as local streets, a base setback line shall be located at a distance from the centerline of such street or highway equal to half the width of its ultimate right-of-way as established by the village board.

(3)

The width of frontage roads shall not be included in the rights-of-way designated in subsection (b)(2) of this section.

(c)

Setbacks. Unless otherwise specified within an individual zoning district or in accordance with sections 40.131—40.145, no building or structure shall be erected, constructed, structurally altered or relocated on a lot closer to the base setback line than the minimum setback distance specified in the established zoning district.

(1)

Frontage roads, service drives and parking areas setback. Frontage roads, service drives, parking areas, etc., shall be set back a minimum of 25 feet from the adjacent base setback line.

(d)

Setback exceptions:

(1)

Additions to existing structures which lack the required setback may be allowed if the addition is set back at a distance greater than or equal to the average of the existing building setback and required setback.

(2)

On corner lots, on record as of the effective date of the ordinance from which this chapter is derived, the effect of the setback regulations shall not reduce the buildable width of such corner lot to less than 30 feet.

(3)

Detached residential garages with vehicular access to an alley may be allowed a setback reduction to ten feet from the edge of the alley right-of-way.

(e)

Offsets. The proximity of any portion of a building to the side or rear lot lines shall be regulated by offset provisions as follows:

(1)

No building shall be erected, structurally altered or relocated so that any roofed or enclosed portion thereof is closer to any lot line than the offset distance specified by the regulations for the district in which it is located except as follows:

a.

In the case of any lot of record which has a minimum average width less than that required by the district in which it is located, the offset from a side lot line may be reduced proportionally to the ratio of the actual minimum average width and the required minimum average width (i.e., actual width/required width) provided, however, that no offset shall in any case be less than five feet.

b.

Where a lot abuts a district boundary line, the offset from such line in the district of less restrictive use shall not be less than that required for the district of more restrictive use.

c.

The required offset area on one property may be reduced if the offset area on the adjoining property is increased by deed restriction to include the required offset area plus the equivalent amount of offset area resulting from the adjacent reduction.

d.

In the case of attached single-family, row, multifamily, commercial or industrial use structures, two or more buildings on adjoining lots may be erected with common or directly adjoining walls provided the requirements of the State of Wisconsin industrial code relative to such construction are complied with and provided that at both ends of such row type buildings the applicable offset requirements shall be complied with.

e.

For any single-family residential principal dwelling structure (and including any attached appurtenance thereto such as, for instance, decks, porches, balconies, [etc.]) with frontage on Pewaukee Lake, which property has neighboring existing principal residential structures on each of the adjoining parcels and which adjoining principal residential structures are both within 200 feet of the proposed new or modified principal residential structure, the minimum required offset from the ordinary high water mark (OHWM) of the lake to such new or modified principal residential dwelling structure may be reduced to the average of the lake offsets of the two adjoining principal residential dwelling structures but in no case shall the lake offset be less than 35 feet.

(2)

Any required offset area shall be landscaped and kept clean and free from the accumulation of debris or refuse, and shall not be used for the storage or display of equipment, products, vehicles or any other material.

(f)

Driveway offsets. Residential driveways shall be located no closer than five feet to a side or rear property line (three feet for cul-de-sac driveways) unless written approval is granted by the adjacent property owner.

(Ord. No. 99-5, § 17.03(5), 5-4-1999; Ord. No. 2010-15, § 11, 10-5-2010; Ord. No. 2017-09, § I, 7-6-2017)

(a)

Residential floor area regulations. Any building intended in whole or part for residential purposes shall provide a minimum floor area as specified in this chapter by the regulations for the district in which such building is located. Floor area shall be measured at each level from outside of wall to outside of wall, but for the purpose of determining minimum required floor area shall not include basements, attached garages, open porches, or attic and other storage areas having an average height of less than eight feet.

(b)

Floor area ratio regulations. The maximum total floor area of a building shall not exceed the floor area ratio specified by the regulations for the zoning district in which the building is located.

(c)

Open space regulations. The total amount of open space for a development, excluding parking area, drives and structural improvements, shall not be less than the open space ratio specified by the regulations for the zoning district in which the development is located.

(d)

Residential density. Residential density, either referred to as units per acre or minimum lot size, shall not exceed the density specified in this article by the regulations for the zoning district in which the development/building is located except as otherwise regulated in accordance with section 40.417.

(Ord. No. 99-5, § 17.03(6), 5-4-1999)

(a)

Maximum height. No structure shall be erected or structurally altered to a height in excess of that specified in the structure's zoning district except as provided in subsection (c) of this section.

(b)

Determining height. The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.

(c)

Exceptions. The following shall be excepted from the height regulations of all districts:

(1)

Chimneys and flues.

(2)

Accessory farm buildings not to exceed 60 feet in height on lots of three acres or more in area.

(3)

Electrical transmission and distribution facilities.

(4)

Silos for agricultural purposes.

(5)

Subject to the approval of the planning commission, cooling towers, elevator bulk heads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires and necessary mechanical appurtenances.

(6)

Radio and television antennas. In no case, however, shall any radio or television antenna be erected or structurally altered to an overall height in excess of 25 feet or to a height in excess of five feet above the highest point on the roof of the principal structure located on the same property, whichever is greater. The overall height shall not exceed the distance measured in a straight line to the nearest property line.

(7)

Television antennas intended for the common use of a subdivision, group project development or multifamily development or for use in conjunction with a closed circuit television system serving a school, church, public utility facility, public administrative office, public service building or other similar type of facility shall be subject to the approval of the building inspector. Except as otherwise regulated in this section, such television antennas shall not be erected or structurally altered to a height in excess of 35 feet. In no case, however, shall the overall height exceed the distance measured in a straight line to the nearest property line.

(8)

Radio towers and antennas, provided that such towers and antennas are intended for the use of appropriately licensed amateur radio operators or for use as part of a commercial or industrial enterprise being conducted on an appropriately zoned property, shall be subject to the approval of the building inspector. Except as otherwise regulated in this section, such radio towers or antennas shall not be erected or structurally altered to a height in excess of 75 feet. In no case, however, shall the overall height exceed the distance measured in a straight line, to the nearest property line.

(9)

The height of wireless telecommunications facilities and equipment shall be regulated as to height only by the regulations set forth in article VII, division 3 of this Code.

(d)

Increase permitted. The maximum height of any structure may be increased up to ten feet if offset and setbacks are increased by one foot for each additional foot of structural height exceeding the standard district requirement.

(Ord. No. 99-5, § 17.03(7), 5-4-1999; Ord. No. 2019-15, § I, 10-1-2019)

(a)

Structures not classified as buildings and less than six inches in height from the surface of the ground shall not require a building permit nor be subject to the setback or offset requirements of this chapter except as may be specifically otherwise provided.

(b)

Structures not classified as buildings and six inches or more in height from the surface of the ground shall be subject to the setback, offset, building size, and open space requirements of this chapter except as may be specifically otherwise provided.

(c)

Fences, walls and other architectural screening devices, when anchored to supports, imbedded in the ground shall be considered permanent structures and shall be subject to the following:

(1)

No structure shall be permitted that by reason of noise, dust, odor, appearance or other objectionable factor creates a nuisance or a substantial adverse effect upon the property value or reasonable enjoyment of the surrounding property.

(2)

Any such structure less than 4½ feet in height may be permitted anywhere on the lot.

(3)

Any such structure in excess of 4½ feet in height may be permitted provided it conforms to the open area, height, setback and offset requirements of the zoning district in which it is located.

(4)

Any such structure in excess of 4½ feet, but not more than six feet in height, may be permitted to within five feet of a street right-of-way provided the side facing the street line is attractively landscaped and subject to approval by the building inspector.

(5)

Any such structure in excess of 4½ feet in height may be permitted closer than required offset from an adjoining lot line, other than a street line, with the written consent of the adjoining property owner. Such structure shall not project forward of the building setback line.

(d)

Recreational and miscellaneous structures greater than 4½ feet in height shall be permitted provided such structure conforms to a minimum ten foot offset and to the open space, height and setback requirement of the zoning district in which it is located and also conforms with section 40.413.

(e)

[Swimming pools.]

(1)

Public swimming pools. All public pools shall be constructed and maintained in accordance with the provisions of the Wisconsin Administrative Code.

(2)

Private swimming pools.

a.

Definition. The term "private swimming pool" is defined as a receptacle for water, or an artificial pool of water, having a depth at any point of more than 36 inches or more than 15 feet in diameter, whether above or below the ground, located in a residential zoning district, used or intended to be used by the owner, family and invited friends, for sunbathing or swimming, and includes all structures, appurtenances, equipment, appliances, and other facilities appurtenant thereto and intended for the operation and maintenance of a private swimming pool. Temporary pools less than 200 square feet in area and less than 36 inches in water depth, and/or 15 feet in diameter which are dismantled and removed for not less than four continuous months between November 1 and March 31, of each year are not included in this section. This definition includes self-contained spa, spas or hot tubs. Self-contained spa or hot tub and spa or hot-tub means a factory fabricated unit or a hydro-massage pool, or a tub for recreation or therapeutic use designed for immersion of users and usually having a filter, heater and motor-driven blower, generally not designed or intended to have its contents drained or discharged after each use.

b.

No person shall construct, install, or reconstruct a private swimming pool which is not enclosed in a permanent building in the village except in accordance with the regulations of this section.

c.

Swimming pools that are completely enclosed within a permanent building, shall comply with all other applicable ordinances, building codes, regulations and statutes but where a conflict occurs between regulations for a pool in a permanent building and the terms of this section, this section does not apply.

d.

Permit. No person shall construct, install, enlarge, or alter any private swimming pool unless permits have been obtained from the building, electrical and plumbing inspectors. The pool permit fees shall be set from time to time by resolution of the village board. Applications shall be on forms provided by the building inspector. Applications shall be accompanied by the following:

1.

Survey or accurate drawing of the property, in duplicate, showing all dimensions for existing structures and lot lines as well as all the proposed improvements, including but not limited to, the swimming pool or spa location, fencing, overhead or underground electrical wiring, water lines, decking, water disposal system or septic system, and heating, pumps and filtration systems.

2.

Two copies of brochure which shows the type, style, etc. of the pool or spa to be installed.

e.

The building inspector may refer an application for a private swimming pool to the plan commission when it is apparent that, due to the configuration of the lot or similar limiting factors, the pool may become a visual or audible nuisance. The commission shall make a determination as to whether the private swimming pool requires screening by use of dense vegetation, aesthetic fencing, structural barriers or a combination thereof based on the scale plan submitted with the application. The commission shall have the authority to approve, deny, or impose appropriate changes or safeguards. Its decision shall be based upon the avoidance of a substantial adverse impacts upon property values and/or the peaceful enjoyment of private properties in the neighborhood.

f.

Location of pool. A private swimming pool shall be constructed in accordance with the following requirements:

1.

Distance required. All private swimming pools shall be constructed and all equipment and utilities must be located not less than the minimum setback and offset requirement for buildings located within the zoning district where such swimming pool is located.

2.

A private pool shall be at least ten feet from the residence, except for a portion that is four feet in depth or less and used for ingress or egress to the pool, such as a stair well area, which portion only can be reduced to eight feet. A private swimming pool shall not be less than four feet from any wall or fence.

3.

There is an exception for in ground pools. In ground pools may extend into the rear yard, but no closer than 15 feet from a property boundary or five feet from an easement.

4.

No private swimming pool or spa may be located in a front yard unless specifically authorized in the Village Zoning Code. For purposes of this section, all corner lots are considered to have two front yards and two back/rear yards.

5.

Private swimming pools shall be located from the required distances from wells and septic systems as required by COMM 83, Wis. Adm. Code.

g.

Fences. The fencing requirement shall be applicable to all private swimming pools, including those constructed before enactment of this section.

1.

Every private swimming pool shall be completely surrounded by a fence or wall not less than four feet in height, but not to exceed six feet in height, be of sufficient strength to prevent accidental access, and shall be constructed so as not to have openings, holes or gaps larger than four inches in any one dimension, which would allow ease of access by unauthorized persons, except for doors or gates. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors shall be equipped with an inside self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

2.

A temporary fence (snow fence, etc.) can be used while said pool is under construction. A permanent fence must be constructed within 30 days after water is in the pool.

3.

Above-ground pools with self-providing fencing to prevent unguarded entry will be allowed without separate additional fencing provided the self-provided fence is of minimum required height and design as heretofore specified. All access from grade to above ground pools having ladders, stairs, or ramps shall not have less than equal safeguard protection provided the pool proper.

4.

The requirement of a fence may be waived by the Building Inspector of the Village of Pewaukee if the pool is an above-ground pool and if the deck of said pool is at least four feet above grade and the building inspector determines from an on-site inspection that, except for ladders or other access devices, the outside pool wall or decking is at least four feet above grade and provides no direct access to the pool.

h.

Requirements.

1.

No pool shall be directly connected to the sanitary sewer or septic system.

2.

Provisions shall be made for disinfecting all pool water. No gaseous chlorination shall be permitted.

3.

Except for a properly installed diving board, access ladders or safety railings there shall be an unobstructed concrete areaway around the entire pool of at least three feet on in-ground pools.

4.

Except for a properly installed diving board, access ladders or safety railings, there shall be an unobstructed areaway around the entire pool of at least three feet on above-ground pools.

5.

Heating units, pumps, and filter equipment shall be located not less than the minimum setback or offset required in the zoning district where the property is located.

6.

Any exterior hose bibs to be used in conjunction with the filling of any swimming pools shall have an anti-siphoning type valve.

7.

No swimming pool may be drained onto the lands of neighboring or adjacent property.

8.

Decks shall be constructed in accord with the provisions of COMM 21.225, Wis. Adm. Code, or subsequent revisions and shall be considered an integral part of the swimming pool which shall comply with all applicable setbacks and offsets per the Village Zoning Code.

i.

Electrical regulations.

1.

All electrical installations provided for, installed, and used in conjunction with a private swimming pool shall be in conformance with the national, state, and local codes regulating electrical installations.

2.

Overhead flood or other artificial lights used to illuminate a pool shall be shielded or positioned to eliminate direct and/or reflected light onto adjoining properties and roadways.

j.

Nuisances. No swimming pool shall be permitted that by reason of noise, dust, odor, appearance, lighting, traffic generation, detriment to the public health, safety, welfare or any other objectionable factors creates a nuisance or a substantial adverse effect upon the property value or reasonable peaceful enjoyment of the surrounding properties.

k.

Sanitation. A swimming pool and its appurtenant facilities shall be kept clean and in a sanitary condition at all times.

(Ord. No. 99-5, § 17.03(8), 5-4-1999; Ord. No. 2002-5, § 2, 10-1-2002; Ord. No. 2018-06, § I, 4-4-2018; Ord. No. 2019-15, § I, 10-1-2019)

In order to protect the health, safety and welfare of the residents of the Village of Pewaukee and to maintain the desirability, amenities and property values of the residential, commercial and industrial neighborhoods of the village, property owners shall be responsible for maintaining their property in accordance with the following standards:

(1)

General maintenance. The exterior of every structure or accessory structure, except farm structures, shall be maintained free of broken glass, loose shingles, excessive paint peeling, crumbling stone or brick, loose boards or other conditions reflective of deterioration and inadequate or deferred maintenance.

(2)

Litter control. Every owner, occupant or lessee of a building used for residential, commercial or industrial purposes shall maintain litter collection and storage areas in a clean condition and ensure that all litter on the premises is properly containerized. The property owners and the prime contractors in charge of any construction site in the village shall maintain the construction site in such a manner to prevent litter from being blown off the site. Accordingly, all litter from construction activities shall be picked up at the end of each workday and placed in appropriate containers.

(3)

Outside storage. No unenclosed storage of materials, equipment or supplies including, but not necessarily limited to unused or junked appliances, furniture, lumber, bricks, cement blocks, cans and containers, shall be permitted where such storage is readily visible from any public place or from any surrounding private property. Outside storage of vehicles may be allowed in accordance with section 14.426(k).

(Ord. No. 99-5, § 17.03(9), 5-4-1999)

(a)

In order to provide a clear view along intersecting streets to motorists, cyclists and pedestrians there shall be a triangular area of clear vision at the intersection of any two streets; or the intersection of a street and a railroad.

(b)

For purposes of this section 40.424, the following functional classification system shall be based upon the villages annual "Wisconsin Information System For Local Roads' System Report."

(c)

In the case of intersecting local streets or in the case of local streets intersecting with collector streets, the distances to be used along the property lines to establish the vision triangle clearance space shall be 15 feet.

(d)

In the case of intersecting collector streets, the distances to be used along the property lines to establish the vision triangle clearance space shall be 25 feet.

(e)

At all other intersections, the distances to be used along the property lines to establish the vision triangle clearance space shall be 30 feet.

(e)

The vision clearance requirements may be increased or decreased by the planning commission on a case-by-case basis if it shall determine that the unique, site specific conditions in a particular setting warrant an increase in order preserve the public health and safety or that a decrease would not compromise the public health and safety. The planning commission shall consult the village engineer and director of public works for their input on matters of increasing or decreasing the vision clearance triangle distance standards and shall recite the specific basis for their final determinations in the minutes of any meeting at which any waiver or modification to the vision clearance triangle has been granted or required.

(f)

This section does not apply to intersecting private streets but it does apply to private streets that intersect with public streets, railroads or alleys.

(Ord. No. 99-5, § 17.15(1), 5-4-1999; Ord. No. 2021-07B, § 1, 6-15-2021)

(a)

No building for business or institutional purposes shall be erected on a lot in a manner requiring servicing directly from the abutting public street.

(b)

The use of public streets for the maneuvering of trucks to service business or institutional buildings is expressly prohibited. Sufficient on-site space shall be provided for such maneuvering.

(Ord. No. 99-5, § 17.15(2), 5-4-1999)

(a)

Approval. All business, institutional, park, multifamily residential and industrial parking areas which are constructed, reconstructed, expanded or extended subsequent to the adoption of the ordinance from which this chapter is derived shall obtain approval of the proposed parking site plan by the Village of Pewaukee Planning Commission.

(b)

Adequate access. Driveways shall be at least 20 feet wide for business, institutional, park, multifamily residential and industrial uses.

(c)

Location. Parking shall be located on the same lot as the principal use unless the plan commission specifically approves of parking located on an adjoining parcel with the recording of appropriate access, parking and maintenance easements/agreements.

(d)

Dimensional requirement. Parking spaces, driveways and aisles for access to spaces shall have the following minimum dimensions unless specifically varied by the plan commission:

(e)

Parking spaces for use by physically disabled persons. Parking for physically disabled persons shall be in accordance with State of Wisconsin and federal regulations.

(f)

Surfacing. All off-street parking areas and driveways, except parking areas accessory to single-family and two-family dwellings, shall be surfaced with a bituminous or Portland cement concrete. Such parking areas shall be graded to appropriately drain all surface waters and shall be kept free of dust, loose stones and gravel. Additionally, parking areas shall be arranged and marked to provide orderly and safe parking and storage of vehicles and must be completed within one year of building permit issuance.

(g)

Flexibility in application. The village recognizes that, due to the particulars of any given development, the inflexible application of the parking standards set forth in this section may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations on adjacent streets as well as unauthorized parking in nearby lots. The latter situation wastes money as well as space that could more desirably be used for valuable development or environmentally useful open space. Therefore, the planning commission may allow deviations from the requirements of this section whenever it finds that the deviation will not adversely impact traffic circulation or public safety.

(h)

Space to be set aside for reduced parking. The number of required parking stalls for a proposed use may be reduced by the plan commission and replaced with open space upon a finding that the use does not necessitate such required parking. Such open space shall be in addition to required open space requirements. Sufficient open space shall be provided which, if converted to parking spaces in the future, would provide off-street parking to meet the full requirements of this chapter at the time of application.

(i)

Changes in occupancy or intensity of use. When the parking needs of a building, structure or site are increased due to additional employees, expanded gross floor area, expanded seating capacity or change of occupancy, additional parking spaces shall be provided in the amount necessary to conform to this chapter.

(j)

Required number of stalls. The following parking standards shall be applied unless deviations have been specifically approved by the planning commission:

(1)

Residential uses.

a.

Single-family dwellings and two-family dwellings. Two spaces per dwelling unit (excluding garages).

b.

Multifamily dwellings.

1.

One bedroom or efficiency units = 1.75 enclosed parking spaces per unit.

2.

Two bedrooms = 2.0 enclosed parking spaces per unit.

3.

Three bedrooms = 2.0 enclosed parking spaces per unit.

4.

Guest parking requires one parking stall for every two units.

c.

Multifamily dwellings in the B-2 downtown business district.

1.

One bedroom = 1.0 enclosed parking spaces per unit.

2.

Two bedrooms = 2.0 enclosed parking spaces per unit.

3.

Three bedrooms = 2.0 enclosed parking spaces per unit.

4.

Guest parking requires .25 parking stalls for every residential unit.

d.

Housing for the elderly. Subject to planning commission approval on a case by case basis.

(2)

Hotels and motels. One parking space per room or unit plus one parking space for every two employees plus one space per three persons of maximum capacity of each public meeting and/or banquet room.

(3)

Private clubs and lodges. One parking space per lodging room and one parking space per three seats in accordance with seating capacity of the main meeting room plus one parking space per employee.

(4)

Schools, institutions and related uses.

a.

Elementary schools and high schools. One space per teacher and staff member, one-half space, per classroom, plus one space per six students 16 years of age and older.

b.

Colleges, universities and trade schools. One space for each teacher and staff member during the highest class attendance period, plus one space for each two students during the highest attendance.

c.

Children's nursery schools or day schools. One space per employee for the work shift with the largest number of employees, plus one space per six students at the highest class attendance period.

d.

Churches and temples. One space per four seats based on the maximum capacity of the facility.

e.

Libraries. One space per 250 square feet of gross floor area or one space per four seats of maximum capacity, whichever is greater, plus one space per employee for the work shift with the largest number of employees.

f.

Nursing homes. One space per three patient beds, plus one space per employee for the work shift with the largest number of employees.

g.

Hospitals. Two spaces per three patient beds, plus one space per employee for the work shift with the largest number of employees.

(5)

Auditoriums, theaters and other places of assembly. One space per three seats based on maximum capacity of facility.

(6)

Recreational uses (commercial and non-commercial).

a.

Bowling alleys. Five spaces for each lane, plus one space per employee for the work shift with the largest number of employees.

b.

Golf courses. Ninety spaces per nine holes plus one space per employee for the work shift with the largest number of employees.

c.

Golf driving ranges. One space per tee plus one space per employee for the work shift with the largest number of employees.

d.

Indoor tennis, racquetball and handball courts. Three spaces per court plus one space per employee for the work shift with the largest number of employees.

e.

Miniature golf courses. One and one half spaces per hole plus one space per employee for the work shift with the largest number of employees.

f.

Skating rinks, ice or roller. One space per 200 square feet of gross floor area.

g.

Health and athletic clubs. One space per three persons that can be accommodated at the same time and one space per employee.

(7)

Retail, entertainment and customer service establishments. One space per 200 square feet of gross leasable area plus one space per employee, except as specifically set forth below; however, in the B-2 downtown business district, the number of stalls required to be provided for any new construction and/or use conversion of/to retail, entertainment and customer service uses shall be one stall per 300 square feet of gross floor area.

a.

Financial institutions. One space per 300 square feet of gross leasable area plus one space per employee.

b.

Funeral homes. One space per three patron seats of maximum capacity or 35 spaces per chapel unit, whichever is greater.

c.

Grocery stores or supermarkets. One space per 100 square feet of gross leasable area.

d.

Repair services. One space per 300 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

e.

Restaurant, standard. One space per 100 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

f.

Restaurant, fast food/carryout. One space per 75 square feet of gross floor area plus one space per two employees for the work shift with the largest number of employees. Sufficient space shall be provided for a minimum of five waiting vehicles at each drive-through.

g.

Personal services. One space per 200 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

h.

Convenience grocery store. One space per 150 square feet of gross floor area. If associated with a gasoline station, gasoline pump parking shall be considered as parking stalls.

i.

Taverns, dance halls, night clubs and lounges. One space per 100 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

j.

Motor vehicle sales establishments. Two customer parking spaces per salesperson for the work shift with the largest number of employees plus one employee parking space per employee (including salespersons) for the work shift with the largest number of employees.

k.

Motor vehicle repair, maintenance and service stations. Three spaces per indoor service bay plus one space per employee for the work shift with the largest number of employees.

l.

Animal hospital. Three patron parking spaces per doctor, plus one space per employee for the work shift with the largest number of employees.

m.

Shopping centers (gross leasable area of at least 30,000 square feet). Five spaces per 1,000 square feet of gross leasable area.

(8)

Offices. Offices, however, in the B-2 downtown business district, the number of stalls required to be provided for a new construction and/or use conversion of/to office use shall be one stall per 300 square feet of gross floor area.

(9)

Industry and related uses.

a.

Manufacturing, processing, fabrication and storage operations. One space per employee for the two consecutive work shifts with the largest number of employees.

b.

Wholesale business. One space per employee for the work shift with the largest number of employees, plus one space per 2,500 square feet of gross floor area.

c.

Warehouse. One space per employee for the work shift with the largest number of employees, plus one space per 5,000 square feet of gross floor area.

d.

Miniwarehouse. One space per ten storage cubicles.

(10)

Other uses. Parking spaces for uses not listed shall be provided in accordance with plan commission approval.

(k)

Residential parking.

(1)

The unenclosed parking or storage of unlicensed, unregistered, inoperable or junk vehicles is expressly prohibited within the village.

(2)

The unenclosed storage of more than two of the following vehicles shall be prohibited: snowmobile, moped, boat, all-terrain vehicle, camping trailer, motor home, pick-up camper, trailer, snow removal tractor or other similar device shall be permitted, provided such vehicle does not exceed 10,000 pounds empty weight or in the case of a trailer, boat, camping trailer or motor home, greater than 25 feet in length or ten feet in height.

Note: Lawnmowers shall not be subject to this limitation.

Storage of these vehicles shall at all times be closer to the principal residence than any adjoining lot line but never within 40 feet of an abutting right-of-way. Such storage shall be restricted to vehicles owned by the resident of the property upon which the vehicles are parked or stored.

(3)

One commercial vehicle weighing 10,000 pounds, empty weight, or less (e.g., semi-tractor, panel truck, construction truck) may be parked on a residentially zoned lot. Additional commercial vehicle parking shall require approval by the planning commission.

(4)

There shall be no more than four unenclosed, titled and operable vehicles per residential site.

(Ord. No. 99-5, § 17.15(3), 5-4-1999; Ord. No. 2018-05, §§ I, II, 4-4-2018; Ord. No. 2023-14, § 1, 8-15-2023)

(a)

No direct private access shall be permitted to the existing or proposed rights-of-way of any street without permission of the highway agency that has access control jurisdiction and the Village of Pewaukee.

(b)

The regulations in this division shall not preclude access to any existing parcel of land.

(Ord. No. 99-5, § 17.15(4), 5-4-1999)

(a)

Purpose. This section is intended to regulate wireless mobile service facilities to the full extent allowed by Wis. Stats. § 66.0404 and other applicable laws. Nothing herein is intended to regulate or authorize the regulation of mobile service facilities in a manner that is preempted or prohibited by Wis. Stats. § 66.0404 or other applicable laws.

(b)

Definitions. All terms used herein shall have the meaning described in Wis. Stats. § 66.0404(1)—See below:

Antenna means communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.

Application means an application for a permit under this section to engage in either:

a.

The siting and construction of a new mobile service support structure and facilities.

b.

With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities or a class 2 collocation.

Building permit means a permit issued by Village of Pewaukee that authorizes an applicant to conduct construction activity that is consistent with Village of Pewaukee Building Code.

Class 1 collocation means the 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 free standing support structure for the facility but does need to engage in substantial modification.

Class 2 collocation means the 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 free standing support structure for the facility or engage in substantial modification.

Collocation means class 1 or class 2 collocation or both.

Distributed antenna system means a network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.

Downtown area means the area commencing at Highway 16, proceeding west on Capitol Drive including properties on both sides of the street to the intersection of Capitol Drive and West Wisconsin Avenue, then proceeding south along the lakefront to a point intersecting Park Avenue, then proceeding along both sides of Park Avenue up to Highland from Lake Street to Richmond Drive, then Richmond Drive to First Street, north at First Street to Main Street. West along Main Street to Prospect. Northeast on Prospect to East Wisconsin Ave. East on East Wisconsin Avenue to Clark Street. Proceeding north on Clark Street until it intersects with Oakton Avenue and then east on Oakton Avenue to the railroad right-of-way and east over to Highway 16.

Equipment compound means an area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.

Existing structure means a support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with Village of Pewaukee.

Fall zone means the area over which a mobile support structure is designed to collapse.

Mobile service has the meaning given in 47 USC 153 (33)—See below:

a.

Mobile service. The term mobile service means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes:

i.

Both one-way and two-way radio communication services,

ii.

A mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and

iii.

Any service for which a license is required in a personal communications service established pursuant to the proceeding entitled Amendment to the Commission's Rules to Establish New Personal Communications Services (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.

Mobile service facility means 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 geographic area, but does not include the underlying support structure.

Mobile service provider means a person who provides mobile service.

Mobile service support structure means a freestanding structure that is designed to support a mobile service facility.

Permit means a permit, other than a building permit, or approval issued by a political subdivision which authorizes any of the following activities by an applicant:

a.

A class 1 collocation.

b.

A class 2 collocation.

c.

The construction of a mobile service support structure.

Political subdivision means a city, village, town, or county.

Public utility has the meaning given in Wisconsin Statutes.

Search ring means a shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.

Small wireless facility, consistent with 47 C.F.R. § 1.6002(l), means a facility that meets each of the following conditions:

The structure on which antenna facilities are mounted:

•

is 50 feet or less in height, or

•

is no more than ten percent taller than other adjacent structures, or

•

is not extended to a height of more than 50 feet, or by more than ten percent above its preexisting height, whichever is greater, as a result of the collocation of new antenna facilities;

•

Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume;

•

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is cumulatively no more than 28 cubic feet in volume;

•

The facility does not require antenna structure registration;

•

The facility is not located on Tribal lands; and

•

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by federal law.

Substantial modification means the modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:

a.

For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.

b.

For structures with an overall height of more than 200 feet, increases the overall height of the structure by ten percent or more.

c.

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 collocation.

d.

Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

Support structure means 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 structure.

Utility pole means a structure owned or operated by an alternative telecommunications utility, as defined in Wisconsin Statutes; public utility, as defined in Wisconsin Statutes; telecommunications utility, as defined in Wisconsin Statutes; political subdivision; or cooperative association organized under Wisconsin Statutes; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Wisconsin Statutes; for video service, as defined in Wisconsin Statutes; for electricity; or to provide light.

(c)

New towers and facilities. The siting and construction of a new mobile service support structure and facilities shall be subject to the following requirements:

(1)

Application process. The applicant shall submit a written application on forms provided by the village, which shall include all of the following information minimally as well as any other information as may be specifically requested within the application form itself.

a.

The name and business address of, and the contact individual for, the applicant.

b.

The location of the proposed tower.

c.

The location of the mobile service facility.

d.

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.

e.

An explanation as to why the applicant chose the proposed location, and why the applicant did not choose collocation, including a sworn statement from the responsible party attesting that collocation 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.

(2)

Determination of completeness—application. The village administrator will determine, within the prescribed application(s) completeness review deadlines (ref. section 40.428.0.—Shot Clocks.) whether the application is complete. If the application includes all of the required information, the application shall be found to be complete. The village administrator must notify the applicant in writing within the prescribed application(s) completeness review deadlines if an application 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.

(3)

Conditional use review procedure. The wireless telecommunications mobile service facility shall be a conditional use; however, it is not subject to article V of this Code, but instead shall be reviewed pursuant to the following procedures:

a.

Public hearing. Within a reasonable time after an application and all required information has been filed, a public hearing shall be held by the plan commission pursuant to this chapter. Within 40 days after the public hearing and all investigation, the plan commission shall make a recommendation to the village board unless the time is extended by the petitioner.

b.

Fee. Any petition shall be accompanied by a fee as set from time-to-time by the village board to defray the cost of notification and holding of public hearing. Costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review and implementation of the conditional use shall be charged to the petitioner. Such fee shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).

c.

Requirements.

1.

Any new or substantially modified mobile service support structure (not including structures proposed to be placed in the right-of-way) that is proposed to be constructed on or adjacent to a parcel of land that permits single-family residential use shall be subject to an offset and setback requirement equal to the height of the support structure. The village administrator may permit a reduction in this offset/setback requirement but only to the extent it is determined that such reduction will not compromise the public safety and only when the applicant demonstrates a unique or extenuating circumstance specific to the proposed structure location which prevents full compliance with this offset/setback requirement.

2.

All facilities shall comply fully with all applicable state and federal codes.

(d)

Determination. The village board shall make a decision on the application within a reasonable time after receipt of the plan commission recommendation, provided further that the final action shall be taken within the required period of time (ref. section 40.428.0.—Shot Clocks.) unless the time for final action by the village is extended by mutual agreement of the petitioner and the village. Said decision shall be stated in writing and a copy made a permanent part of the village records. If conditional use status is not granted, the reasons therefor will be included in such record. A grant of conditional use status, subsequent changes or additions thereto and terminations thereof shall be recorded as follows:

i.

An official record of such conditional grant shall be prepared by the village administrator on a form prescribed therefore which shall include the description of the use for which the grant is given and all conditions attached thereto as well as a copy of the resolution of the village board approving the grant. A copy of the completed form shall be recorded at the Waukesha County Register of Deeds as a covenant on the title for the premises for which the conditional use was granted.

(e)

Changes or additions. Subsequent changes or additions to the approved plans or use shall first be submitted for approval to the plan commission and, if, in the opinion of the village administrator in his review of the revisions requested, such change or addition constitutes a substantial alteration, a public hearing before the plan commission shall be required and notice thereof be given pursuant to this chapter.

(f)

Conditions. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yard, or parking requirements, among other issues as deemed appropriate may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter; subject to the limitations of subsection (4), limitations upon authority, below.

(1)

Limitations upon authority. The village review and action in the matter shall be subject to the limitations imposed by Wis. Stats. § 66.0404(4). In the event the applicant believes the village has erred in it's determination, the applicant may, within 30 days of the village board decision on the matter, submit a written statement to that effect, including a detailed description of the specific points on which the applicant believes the village has erred. The village board reserves the right to reconsider the matter, to ensure that all applicable laws are followed.

(g)

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 modification.

a.

Application and review process. The application and review process for a substantial modification is identical to the application and review process for a new tower, as described in subsection (c), New towers and facilities, above, except that the required plans should describe the proposed modifications, rather than describe the new structure.

(2)

Not substantial modifications.

a.

Application information and review process. 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:

i.

The name and business address of, and the contact individual for, the applicant.

ii.

The location of the affected support structure.

iii.

The location of the proposed facility.

b.

Completeness determination. The village administrator will determine, within the prescribed application(s) completeness review deadlines (ref. Section 40.428.0.—Shot Clocks. above) whether the application is complete. If the application includes all of the required information, the application shall be found to be complete. The village administrator must notify the applicant in writing within the prescribed application(s) completeness review deadlines if an application 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.

c.

Fee. Any petition shall be accompanied by a fee as set from time-to-time by the village board to defray the cost of review. Costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review and implementation of the modifications shall be charged to the petitioner. Such fee shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).

d.

Determination. The village administrator shall make a decision on the nonsubstantial modification application within the prescribed period of time (ref. section 40.428.0.—Shot Clocks. above) unless the time is extended by mutual agreement between the village and the petitioner. Said decision shall be stated in writing and a copy made a permanent part of the village records. If modifications as requested are not approved by the village administrator, the reasons therefor will be provided to the applicant in writing.

e.

Limitations upon authority. The village review and action in the matter shall be subject to the limitations imposed by Wis. Stats. § 66.0404(4), and such other laws as may apply which may include 47 USCA Section 1455. In the event the applicant believes the village has exceeded its authority in this regard, the applicant shall notify the village board in writing within 30 days of the action/decision, and the village board reserves the right to reconsider the matter.

(Ord. No. 2014-06, § 1, 8-5-2014; Ord. No. 2019-15, § II, 10-1-2019; Ord. No. 2020-04, § I, 5-5-2020)

1.

Definitions. For the purposes of this section, the terms below shall have the following meanings:

Administrator means the village administrator or his/her designee.

Application means a formal request, including all required and requested documentation and information, submitted by an applicant to the village for a wireless permit.

Applicant means a person filing an application for placement or modification of a wireless telecommunications facility in the right-of-way.

Base station means the same as in 47 C.F.R. § 1.6100(b)(1), which defines the term to mean a structure or wireless telecommunications equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. This definition does not include towers.

Downtown area means the area commencing at Highway 16, proceeding west on Capitol Drive including properties on both sides of the street to the intersection of Capitol Drive and West Wisconsin Avenue, then proceeding south along the lakefront to a point intersecting Park Avenue, then proceeding along both sides of Park Avenue up to Highland from Lake Street to Richmond Drive, then Richmond Drive to First Street, north at First Street to Main Street. West along Main Street to Prospect. Northeast on Prospect to East Wisconsin Ave. East on East Wisconsin Avenue to Clark Street. Proceeding north on Clark Street until it intersects with Oakton Avenue and then east on Oakton Avenue to the railroad right-of-way and east over to Highway 16.

Eligible facilities request means the same as in 47 C.F.R. § 1.6100(b)(3), which defines the term to mean any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

FCC means the Federal Communications Commission.

Right-of-way means the surface of, and the space above and below the entire width of an improved or unimproved public roadway, highway, street, bicycle lane, landscape terrace, shoulder, side slope, and public sidewalk over which the village exercises any rights of management and control or in which the village has an interest.

Small wireless facility, consistent with 47 C.F.R. § 1.6002(1), means a facility that meets each of the following conditions:

(1)

The structure on which antenna facilities are mounted:

i.

is 50 feet or less in height, or

ii.

is no more than ten percent taller than other adjacent structures, or

iii.

is not extended to a height of more than 50 feet or by more than ten percent above its preexisting height, whichever is greater, as a result of the collocation of new antenna facilities;

(2)

Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume;

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is cumulatively no more than 28 cubic feet in volume;

(4)

The facility does not require antenna structure registration;

(5)

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by federal law.

Support structure means any structure capable of supporting wireless telecommunications equipment.

Tower means the same as in 47 C.F.R. § 1.6100(b)(9), which defines the term as any structure built for the sole or primary purpose of supporting any Federal Communication Commission (FCC) licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.

Underground areas means those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages more than 35,000 volts.

Utility pole means a structure in the right-of-way designed to support electric, telephone, and similar utility distribution lines and associated equipment. A tower is not a utility pole.

Wireless infrastructure provider means a person that owns, controls, operates, or manages a wireless telecommunications facility or portion thereof within the right-of-way.

Wireless permit or permit means a permit issued pursuant to this section and authorizing the placement or modification of a wireless telecommunications facility of a design specified in the permit at a particular location within the right-of-way, and the modification of any existing support structure to which the wireless telecommunications facility is proposed to be attached.

Wireless regulations means those regulations adopted pursuant to section 5(b)(1) to implement the provisions of this section.

Wireless service provider means an entity that provides wireless services to end users.

Wireless telecommunications equipment means equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.

Wireless telecommunications facility or facility means a facility at a fixed location in the right-of-way consisting of a base station, antennas and other accessory equipment, and a tower and underground wiring, if any, associated with the base station.

Definitions in this section may contain quotations or citations to 47 C.F.R. §§ 1.6100 and 1.6002. In the event that any referenced section is amended, creating a conflict between the definition as set forth in this section and the amended language of the referenced section, the definition in the referenced section, as amended, shall control.

2.

Purpose. In the exercise of its police powers, the village has priority over all other uses of the right-of-way. The purpose of this section is to provide the village with a process for managing, and uniform standards for acting upon, requests for the placement of wireless telecommunications facilities within the right-of-way consistent with the village's obligation to promote the public health, safety, and welfare; to manage the right-of-way; and to ensure that the public's use is not obstructed or incommoded by the use of the right-of-way for the placement of wireless telecommunications facilities. The village recognizes the importance of wireless telecommunications facilities to provide high-quality communications and internet access services to residents and businesses within the village. The village also recognizes its obligation to comply with applicable federal and state laws regarding the placement of wireless telecommunications facilities in the right-of-way including, without limitation, the Telecommunications Act of 1996 (47 U.S.C. § 151 et seq.), Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Wis. Stat. § 182.017, and Wis. Stat. § 196.58, and this section shall be interpreted consistent with those provisions.

3.

Scope.

(a)

Applicability. Unless exempted by section 3(b), below, every person who wishes to place a wireless telecommunications facility in the right-of-way or modify an existing wireless telecommunications facility in the right-of-way must obtain a wireless permit under this section.

(b)

Exempt facilities. The provisions of this section (other than sections 10—14) shall not be applied to applications for the following:

(1)

Installation of a small wireless facility on the strand between two utility poles, provided that the cumulative volume of all wireless facilities on the strand shall not exceed one cubic foot, and provided further that the installation does not require replacement of the strand, or excavation, modification, or replacement of either of the utility poles.

(2)

Installation of a mobile cell facility (commonly referred to as cell on wheels or cell on truck) for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

(3)

Placement or modification of a wireless telecommunications facility on structures owned by or under the control of the village. See section 13 of this section.

(4)

Placement or modification of a wireless telecommunications facility by village staff or any person performing work under contract with the village.

(5)

Modification of an existing wireless telecommunications facility that makes no material change to the footprint of a facility or to the surface or subsurface of a public street if the activity does not disrupt or impede traffic in the traveled portion of a street, and if the work does not change the visual or audible characteristics of the wireless telecommunications facility.

4.

Nondiscrimination. In establishing the rights, obligations, and conditions set forth in this section, it is the intent of the village to treat each applicant and right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, while taking into account the unique technologies, situation, and legal status of each applicant or request for use of the right-of-way.

5.

Administration.

(a)

Administrator. The administrator is responsible for administering this section.

(b)

Powers. As part of the administration of this section, the administrator may:

(1)

Adopt wireless regulations governing the placement and modification of wireless telecommunications facilities in addition to but consistent with the requirements of this section including regulations governing collocation, the resolution of conflicting applications for placement of wireless telecommunications facilities, and aesthetic standards.

(2)

Interpret the provisions of the section and the wireless regulations.

(3)

Develop forms and procedures for submission of applications for wireless permits consistent with this section.

(4)

Collect any fee required by this section.

(5)

Require as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless telecommunications facility that is the subject of the wireless permit application. Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations.

(6)

Issue notices of incompleteness or requests for information in connection with any wireless permit application.

(7)

Select and retain an independent consultant or attorney with expertise in telecommunications to review any issue that involves specialized or expert knowledge in connection with any permit application.

(8)

Coordinate and consult with other village staff, committees, and governing bodies to ensure timely action on all other required permits under section 6(b)(7) of this section.

(9)

Subject to appeal as provided in section 8(d) of this section, determine whether to grant, grant subject to conditions, or deny an application.

(10)

Take such other steps as may be required to timely act upon wireless permit applications, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

6.

Application.

(a)

Format. Unless the wireless regulations provide otherwise, the applicant must submit both a paper copy and an electronic copy (in a searchable format) of any application, as well as any amendments or supplements to the application or responses to requests for information regarding an application, to the administrator. An application is not complete until both the paper and electronic copies are received by the administrator.

(b)

Content. In order to be considered complete, a fully executed application must be submitted using forms provided by the village and with all required supporting materials and information included or attached thereto, and also, in addition to all other information requested, the following shall be provided:

(1)

All information required pursuant to the wireless regulations.

(2)

A completed application cover sheet signed by an authorized representative of the applicant, listing all standard permit conditions.

(3)

The name of the applicant (including any corporate or trade name), and the name, address, email address, and telephone number of a local representative. If the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider(s) that will be using the wireless telecommunications facility must also be provided.

(4)

A statement of which shot clock or shot clocks apply to the application and the reasons the chosen shot clocks apply.

(5)

A separate and complete description of each proposed wireless telecommunications facility and the work that will be required to install or modify it, including but not limited to detail regarding proposed excavations, if any; detailed site plans showing the location of the facility and technical specifications for each element of the facility, clearly describing the site and all structures and facilities at the site before and after installation or modification and identifying the owners of such preexisting structures and facilities; and describing the distance to the nearest residential dwelling unit. Before and after 360-degree photo simulations must be provided for each facility.

(6)

A copy of the FCC license for the facility or a sworn written statement from the applicant attesting that the facility will comply with current FCC regulations.

(7)

To the extent that filing of the wireless permit application establishes a deadline for action on any other permit that may be required in connection with the wireless telecommunications facility, the wireless permit application must include complete copies of such other permit applications (including for instance but not necessarily limited to electrical permits, building permits, construction permits, traffic control permits, right-of-way permits, excavation permits and erosion control permits), with all engineering completed and with evidence of payment for all fees associated with each permit.

(8)

A certification by a registered and qualified engineer that the installation can be supported by and does not exceed the tolerances of the structure on which it will be mounted and that all elements of the wireless telecommunications facility comply with applicable safety standards.

(9)

Payment of all required fees. The fee for application shall be as established and periodically updated by the village board from time to time but in no case less than $500.00 for a single upfront application that may include up to five wireless facilities plus an additional $100.00 for each facility beyond five. For applications which include placement of a new pole, the application fee shall be not less than $1,000.00. Full payment of application fees must be rendered at the time an application is submitted.

(10)

If an applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all evidence on which the applicant relies in support of that claim. Applicants are not permitted to supplement this evidence if doing so would prevent the village from complying with any deadline for action on an application.

(11)

If the application is an eligible facilities request, the application must contain information sufficient to show that the application qualifies as an eligible facilities request under 47 C.F.R. § 1.6100(b)(3), including evidence that the application relates to an existing tower or base station that has been approved by the village. Before and after 360-degree photo simulations must be provided with detailed specifications demonstrating that the modification does not substantially change the physical dimensions of the existing approved tower or base station.

(c)

Waivers. Requests for waivers from any requirement of this section regarding the application requirements shall be made in writing to the village administrator. The administrator may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of the waiver, the village will be provided with all information necessary to fully understand the nature of the construction or other activity proposed to be conducted pursuant to the wireless permit sought.

(d)

Fees. Applicant must pay an application fee concurrent with submittal of the application, the level of such fees to be set by the Village of Pewaukee Village Board from time to time.

(e)

Public records. Applications are public records that may be made publicly available pursuant to state and federal public records law. Notwithstanding the foregoing, the applicant may designate portions of the application materials that it reasonably believes contain proprietary or confidential information by clearly marking each portion of such materials accordingly, and the village shall endeavor to treat the information as proprietary and confidential, subject to applicable state and federal public records law and the administrator's determination (with guidance of the village attorney) that the applicant's request for confidential or proprietary treatment of the application materials is reasonable. The village shall not be required to incur any costs to protect the application from disclosure.

7.

General standards.

(1)

Generally. Wireless telecommunications facilities shall meet the minimum requirements set forth in this section and the wireless regulations, in addition to the requirements of any other applicable law or regulation.

(2)

Regulations. The wireless regulations and decisions on wireless permits shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of a telecommunications or personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this section and the wireless regulations may be waived, but only to the extent required to avoid the prohibition.

(3)

Design standards.

a.

Preferred locations. The following locations, in the order listed from most to least preferred, are the preferred locations for installations of wireless facilities in public rights-of-way: (i.e. B-5 zoning district location options must be ruled out as a prospective location for the facilities and equipment proposed by the applicant before considering prospective locations in the B-1, B-3, B-4 or IPS districts, and etc...)

1.

B-5 zoning district;

2.

B-1, B-3, B-4 and IPS zoning districts; and

3.

Other zoning districts.

b.

Non-preferred locations. The applicant should avoid locating facilities or equipment within residential neighborhoods, the B-2 district, designated open spaces, parks, and conservation areas. A facility may be permitted in a location other than a preferred location if the applicant provides evidence showing that:

a.

Adequate coverage can be maintained, existing services can be improved, or new services can be added only if facilities are placed in a non-preferred location; or

b.

The proposed facility will meet all applicable requirements for the non-preferred location and will complement the character of the surrounding area.

c.

Avoid significant buildings and view sheds. Wireless communication facilities shall not be located on historically or architecturally significant structures unless visually and architecturally integrated with the structure and shall not interfere with prominent vistas or significant public view corridors including, for instance but not necessarily limited to, the view to/around Pewaukee Lake and the Pewaukee River.

d.

Collocation generally. Subject to the provisions of this section, collocation of facilities is generally preferred over new support structures if it can be accomplished in a way that better compliments the character of the surrounding area.

e.

Collocation with non-municipal facilities. Collocation on facilities or support structures owned by parties other than the village is subject to the following:

1.

Where an existing facility or support structure can potentially accommodate collocation of a new wireless facility, collocation will be required unless:

a)

The applicant submits substantial evidence supporting the unsuitability of the collocation;

b)

The owner of the existing facility or support structure is unwilling to accommodate the applicant's equipment and cannot be required to cooperate; or

c)

The village administrator determines that installing a new support structure or collocation with a village facility is preferable to collocation with another facility or support structure.

2.

Authorization for collocation on a facility or support structure owned by a party other than the village will be voided if the facility or support structure is destroyed, removed, relocated, or replaced, unless:

a)

The owner of the collocated facility obtains a new right-of-way use permit; or

b)

The facility or support structure accommodating the collocation is replaced with a facility or support structure comparable in size, mass, appearance, and placement, as determined by the village administrator.

f.

General location restrictions.

1.

Obstruction of traffic.

a)

Facilities and support structures, towers, and utility poles must be situated at least one foot back from the curb or nearest traffic lane to reduce the risk of being struck by a motor vehicle or bicycle.

b)

Facilities and support structures, towers, and utility poles may not obstruct, impede, or hinder vehicular, pedestrian, or bicycle travel or public safety within the right-of-way, except during an authorized/village approved temporary lane or sidewalk closure.

c)

Within the village's established vision clearance triangles (ref. section 40.424 of the Code), facilities and support structures, towers, and utility poles must be located in such a manner as will minimize visual obstruction for pedestrians and motorists. Any proposed installation within a vision clearance triangle that is determined by the Village to pose a safety hazard may not be approved.

d)

To the extent possible, a facility, support structure, tower, or utility pole should be located and designed so as to avoid interference with right-of-way maintenance activities, such as:

(1)

Grass mowing, brush collection, tree trimming, snow removal and landscaping maintenance;

(2)

Trash collection;

(3)

Maintenance of streets, pavement, sidewalks, and bicycle lanes; and

(4)

Maintenance of other facilities in the rights-of-way.

2.

ADA. Facilities and support structures, towers, and utility poles at all times must comply with the requirements of the Americans with Disabilities Act of 1990.

3.

[Alignment.] Facilities and support structures, towers, and utility poles must generally be located in alignment with existing trees, facilities, support structures, towers, utility poles, and streetlights.

4.

Spacing.

a)

A support structure, tower, or utility pole for a wireless facility must be located at least 25 feet, from centerline to centerline, of any other support structure, tower or utility pole in a public right-of-way unless specifically waived or modified by the village administrator due to unique and limiting circumstances of the specific proposed location.

b)

Facilities and support structures, towers, and utility poles must be located equal distance between trees whenever possible, and no closer than 20 feet, from centerline to centerline, to a tree in order to avoid damaging a tree's critical root zone. This distance may be increased if the village administrator determines that the critical root zone of a nearby tree is greater than 20 feet.

5.

Frontage.

a)

New facilities and support structures, towers, and utility poles should not be located along the frontage of any building deemed to be of historic significance on a federal, state, or local level.

b)

New facilities and support structures, towers, and utility poles should not be located directly in front of any existing residential, commercial, or industrial structure but rather every effort shall be made to locate these at lot corners.

c)

To the extent possible, new facilities and support structures, towers, and utility poles must be located in line with existing lot lines, but in areas where multiple structures abut each other or where no side lot setback requirement exists, structures should not be located directly in front of an entrance or window of any existing structure.

6.

Use of lighting elements.

a)

A combination support structure and streetlight pole should only be located where an existing pole can be removed and replaced, or at a new location where the village has identified that a streetlight is necessary. The lighting fixtures shall be of like kind to those which the village is using within the immediately surrounding area. Installation, maintenance, repair and replacement of such light fixtures shall be the responsibility of the permit holder.

b)

In no case shall the location/placement of a wireless facility be permitted where its location/placement adversely impacts the functionality/intended purpose of the light fixture(s) also located on that pole.

7.

Height restrictions and requirements.

a)

Maximum height of a wireless facility. The height of a wireless facility in the right-of-way may not exceed the greater of 50 feet above ground level at the base of the structure or ten feet above the tallest existing support structure, tower, or utility pole that is in place on the effective date of this section and that is located within 500 feet of the proposed facility.

b)

Minimum height of wireless facility and equipment mounted to support structures must not interfere with or create a hazard to pedestrian or vehicular traffic and must be a minimum of ten feet above any pedestrian or bicycle thoroughfare and a minimum of 16 feet above any traffic lane.

8.

Undergrounding.

a)

Undergrounded equipment. To conceal non-antenna equipment, applicants shall install all non-antenna equipment underground when proposed in the downtown area where utilities or other equipment in the right-of-way is also required to be located underground. In all other areas, applicants shall underground its non-antenna equipment to the extent feasible. Additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement, except where the applicant demonstrates by clear and convincing evidence that this requirement will effectively prohibit the provision of personal wireless services. Nothing in this subsection is intended to require the applicant to install any electric meter required by the applicant's electrical service provider underground.

b)

Ground-mounted equipment. To the extent that the equipment cannot be placed underground if required, applicants shall install ground-mounted equipment in the location so that it does not obstruct pedestrian or vehicular traffic. The village may require landscaping or other concealment as a condition of approval to conceal ground-mounted equipment. Ground-mounted equipment shall not be permitted in connection with a street light, traffic signal, utility pole or other similar infrastructure in the public right-of-way of the downtown area. In the event that the village approves ground-mounted equipment, the applicant shall conform to the following requirements:

(1)

Self-contained cabinet or shroud. The equipment shroud or cabinet shall contain all the equipment associated with the facility other than the antenna. All cables and conduits associated with the equipment shall be concealed from view.

(2)

Concealment. The village may require the applicant to incorporate concealment elements into the proposed design, including but not limited to public art displayed on the cabinet, strategic placement in less obtrusive locations and placement within existing or replacement street furniture.

9.

General aesthetic standards.

a)

Concealment. Permits for wireless telecommunications facilities shall incorporate specific concealment elements to minimize visual impacts, and design requirements ensuring compliance with all standards for noise emissions. Unless it is determined that another design is less intrusive, or placement is required under applicable law:

(1)

Antennas located at the top of support structures shall, to the maximum extent possible, be incorporated into the structure, or placed within shrouds of a size such that the antenna appears to be part of the support structure;

(2)

Antennas placed elsewhere on a support structure shall, to the maximum extent possible, be integrated into the structure, or be designed and placed to minimize visual impacts.

(3)

Radio units or equipment cabinets holding radio units and mounted on a utility pole shall be placed as high as possible on a support structure, located to avoid interfering with, or creating any hazard to, any other use of the public rights-of-way, and located on one side of the utility pole. Unless the radio units or equipment cabinets can be otherwise more appropriately concealed, radio units or equipment cabinets mounted below the communications space on support poles or structures shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole or support structure on which they are placed.

(4)

Wiring and cabling shall be neat and concealed within the structure or, if within the structure is not possible, then flush to the support structure in a manner that, to the greatest extent possible blends into the color/materials/design of the structure as will ensure maximum concealment of these components.

(5)

No support structures, towers, or utility poles shall be permitted in the public rights-of-way, and no wireless telecommunications facilities shall be permitted above-ground, in underground areas; provided that the village may permit placements where all elements of the wireless telecommunications facility are concealed and the facility does not appear to a casual observer to be a wireless telecommunications facility.

10.

Noise. Facilities must be constructed and operated in a manner that prevents or minimizes audible noise.

11.

[In accordance,] facilities must not be illuminated, except in accordance with state or federal regulations or if incorporated as part of a street light pole.

12.

Signage prohibited.

a)

Signage is not permitted except to comply with FCC or Wisconsin regulations to provide safety warnings.

b)

Every facility shall at all times display a small placard that accurately identifies the facility owner and provides the facility owner's unique site number, and also provides a local or toll-free telephone number to contact the facility owner's operations center. This placard shall be as small as is practicable.

c)

The design, materials, colors, and location of the placards shall be subject to review and approval by the village prior to placement. If at any time a new owner or operator provider takes over operation of an existing personal wireless service facility, the new personal wireless service provider shall notify the village of the change in operation within 30 days and the required and approved placard shall be updated within 30 days to reflect the name and phone number of the new wireless service provider. The colors, materials and design of the updated placard shall match those of the previously approved placard.

13.

Trees.

a)

Tree topping or the improper pruning of trees is prohibited. Any proposed pruning of trees, shrubs, or other landscaping already existing in the right-of-way must be specifically called out in the application and approved by the village in writing prior to the start of any pruning or cutting.

(4)

Other standards.

a.

Wireless telecommunications facilities shall be installed and modified in a manner that:

1.

Minimizes risks to public safety;

2.

Ensures that placement of facilities on existing structures is within the tolerance of those structures;

3.

Avoids placement of aboveground facilities in underground areas, installation of new support structures or equipment cabinets in the public right-of-way, or placement in residential areas when alternative and suitable commercial, light industrial and/or institutional areas are reasonably available;

4.

Maintains the integrity and character of the neighborhoods and corridors in which the facilities are located;

5.

Ensures that installations are subject to periodic review to minimize the intrusion on the right-of-way;

6.

Ensures that the village bears no risk or liability as a result of the installations; and

7.

Ensures that applicant's use does not inconvenience the public, interfere with the primary uses of the right-of-way, or hinder the ability of the village or other government entities to improve, modify, relocate, abandon, or vacate the right-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right-of-way.

b.

No wireless permit shall be issued unless (i) the wireless service provider applicant has immediate plans to use the proposed facility or (ii) the wireless infrastructure applicant has a contract with a wireless service provider that has immediate plans to use the proposed facility.

c.

In no event may ground-mounted equipment interfere with pedestrian or vehicular traffic and at all times must comply with the requirements of the Americans with Disabilities Act of 1990.

(5)

Standard permit conditions. All wireless permits under this section are issued subject to the following minimum conditions:

a.

Compliance. The permit holder shall at all times maintain compliance with all applicable federal, state, and local laws, regulations, and other rules.

b.

Locates. All permit holders shall be required to have/maintain current and active membership status in the Wisconsin Diggers Hotline/Call811 underground utility locating service for the duration of the time that the permit holder has underground facilities of any sort located in the public rights-of-way throughout the Village of Pewaukee.

c.

Term. A wireless permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. All other wireless permits shall be valid for a period of five years from the date of issuance unless revoked pursuant to section 9(b) of this section.

d.

Contact information. The permit holder shall at all times maintain with the village accurate contact information for the permit holder and all wireless service providers making use of the facility, which shall include a phone number, mailing address, and email address for at least one natural person.

e.

Emergencies. The village shall have the right to support, repair, disable, or remove any elements of the facilities in emergencies or when the facility threatens imminent harm to persons or property.

f.

Indemnities. The permit holder, by accepting a permit under this section, agrees to indemnify, defend, and hold harmless the village, its elected and appointed officials, officers, employees, agents, representatives, and volunteers (collectively, the indemnified parties) from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees, costs, and expenses of whatsoever kind or nature in any manner caused in whole or in part, or claimed to be caused in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of the permit holder or anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on one or more of the indemnified parties. The obligation to indemnify, defend, and hold harmless the indemnified parties shall be applicable even if the liability results from an act or failure to act on the part of one or more of the indemnified parties. However, the obligation does not apply if the liability results from the willful misconduct of an indemnified party.

g.

Adverse impacts on adjacent properties. The permit holder shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the facility.

h.

General maintenance. The wireless communications facility and any associated structures shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

i.

Graffiti removal. All graffiti on facilities shall be removed at the sole expense of the permit holder within 48 hours after notification from the village.

j.

Relocation. At the request of the village pursuant to section 10 of this section, the permit holder shall promptly and at its own expense permanently remove and relocate any wireless telecommunications facility in the right-of-way.

k.

Abandonment. The permit holder shall promptly notify the Village whenever a facility has not been in use for a continuous period of 60 days or longer and must comply with section 11 of this section.

l.

Restoration. A permit holder who removes or relocates a facility from the right-of-way must restore the right-of-way in accordance with section 12 of this section.

m.

Record retention. The permit holder shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans, resolutions, and other documentation associated with the permit or regulatory approval. In the event the village cannot locate any such full and complete permits or other regulatory approvals in its official records, and the permit holder fails to retain full and complete records in the permit holder's files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents will be conclusively resolved against the permit holder.

n.

Radio frequency emissions. Every wireless facility shall at all times comply with applicable FCC regulations governing radio frequency emissions, and failure to comply with such regulations shall be treated as a material violation of the terms of the permit.

o.

Certificate of insurance. A certificate of insurance sufficient to demonstrate to the satisfaction of the administrator (with guidance of the village attorney) that the applicant has the capability to cover any liability that might arise out of the presence of the facility in the right-of-way. The applicant shall provide evidence of liability insurance with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Applicant shall provide evidence through a policy endorsement that the village shall be considered an additional insured under the general liability policy on a primary and non-contributory basis. An endorsement shall also be required that provides that the village shall receive notification of the termination or material modification of the policy with not less than 30 days' notice except in the event of a termination due to non-payment of premium, in which case the notice shall be provided not less than ten days prior to the termination of the policy. Evidence of such coverage shall be maintained throughout the duration of the permit and the applicant's use of village right-of-way.

8.

Application processing and appeal.

(a)

Rejection for incompleteness. Notices of incompleteness shall be provided in conformity with state, local, and federal law, including 47 C.F.R. § 1.6003(d), as amended.

(b)

Processing timeline. Wireless permit applications (including applications for other permits as provided for under section 6(b)(7) necessary to place or modify the facility) and appeals will be processed in conformity with the shot clocks set forth in state, local, and federal law, as amended and as specifically identified by the applicant in their application/submittal.

(c)

Written decision. In the event that an application is denied (or approved with conditions beyond the standard permit conditions set forth in section 7(5)), the administrator shall issue a written decision with the reasons therefor, supported by substantial evidence contained in a written record.

(d)

Appeal to village board. Any person adversely affected by the decision of the administrator may appeal that decision to the village board which may decide the issues de novo, and whose written decision will be the final decision of the village. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless telecommunications facility.

(e)

Deadline to appeal.

1.

Appeals that involve eligible facilities requests must be filed within three business days of the date of the written decision of the administrator.

2.

All other appeals not governed by section 8(e)(1), above, must be filed within ten business days of the date of the written decision of the administrator, unless the administrator extends the time therefor. An extension may not be granted where extension would result in approval of the application by operation of law.

(f)

Decision deadline. All appeals shall be conducted so that a timely written decision may be issued in accordance with the applicable shot clock.

9.

Expiration and revocation.

(a)

Expiration. A wireless permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. All other wireless permits shall be valid for a period of five years from the date of issuance. Upon expiration of the wireless permit, the permit holder must either:

(1)

Remove the wireless telecommunications facility; or,

(2)

Submit an application to renew the permit at least 90 days prior to its expiration. The facility must remain in place until the renewal application is acted on by the village and any appeals from the village's decision are exhausted.

(b)

Revocation for breach. A wireless permit may be revoked for failure to comply with the conditions of the permit or applicable federal, state, or local laws, rules, or regulations. Upon revocation, the wireless telecommunications facility must be removed within 30 days of receipt of written notice from the village. All costs incurred by the village in connection with the revocation, removal, and right-of-way restoration shall be paid by the permit holder.

(c)

Failure to obtain permit. Unless exempted from permitting by section 3(b) of this section, a wireless telecommunications facility installed without a wireless permit must be removed within 30 days of receipt of written notice from the village. All costs incurred by the village in connection with the notice, removal, and right-of-way restoration shall be paid by entities who own or control any part of the wireless telecommunications facility.

10.

Relocation. Except as otherwise prohibited by state or federal law, a permit holder must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate any of its wireless telecommunications facilities in the right-of-way whenever the village requests such removal and relocation. To the extent practicable, the village will endeavor to maximize the period of advance notice for relocation to the permit holder. The village may make such a request to prevent the facility from interfering with a present or future village use of the right-of-way; a public improvement undertaken by the village; an economic development project in which the village has an interest or investment; when the public health, safety, or welfare require it; or when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way. Notwithstanding the foregoing, a permit holder shall not be required to remove or relocate its facilities from any right-of-way that has been vacated in favor of a non-governmental entity unless and until that entity pays the reasonable costs of removal or relocation to the permit holder.

11.

Abandonment.

(a)

Cessation of use. In the event that a permitted facility within the right-of-way is not in use for a continuous period of 60 days or longer, the permit holder must promptly notify the village and do one of the following:

(1)

Provide information satisfactory to the administrator that the permit holder's obligations for its facilities under this section have been lawfully assumed by another permit holder.

(2)

Submit to the administrator a proposal and instruments for dedication of the facilities to the village. If a permit holder proceeds under this section 11(a)(2), the village may, at its option:

(A)

Accept the dedication for all or a portion of the facilities;

(B)

Require the permit holder, at its own expense, to remove the facilities and perform the required restoration under section 12; or

(C)

Require the permit holder to post a bond or provide payment sufficient to reimburse the village for reasonably anticipated costs to be incurred in removing the facilities and undertaking restoration under section 12.

(3)

Remove its facilities from the right-of-way within one year of the date the facility went out of use and perform the required restoration under section 12, unless the administrator waives this requirement or provides a later deadline.

(b)

Abandoned facilities. Facilities of a permit holder who fails to comply with section 11(a) above and which, for one year, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the village may, at its option:

(1)

Abate the nuisance and recover the cost from the permit holder or the permit holder's successor in interest;

(2)

Take possession of the facilities; and/or

(3)

Require removal of the facilities by the permit holder or the permit holder's successor in interest.

12.

Restoration. In the event that a permit holder removes or is required to remove a wireless telecommunications facility from the right-of-way under this section (or relocate it pursuant to section 10), the permit holder must leave the site in a safe and accessible condition immediately upon such removal and, within 30 days, permanently restore the right-of-way to its prior condition in accordance with village specifications. However, a support structure owned by another entity authorized to maintain that support structure in the right-of-way need not be removed but must instead be restored to its prior condition. If the permit holder fails to make the immediate and/or permanent restorations required by this section 12 (see above), the village at its option may do such work. in that event, the permit holder shall reimburse the village, within 30 days of billing therefor, the cost of restoring the right-of-way. In the event circumstances beyond the permit holders control may prevent timely, permanent restoration of the right-of-way, the village administrator may, upon written request of the permit holder within 20 days of the facility removal, grant an extension to deadline for permanent restoration.

13.

Placement on village owned or controlled structures. The village may negotiate agreements for placement of wireless telecommunications facilities on village owned or controlled structures in the right-of-way. The agreement shall specify, among any other terms the village may require to be negotiated or specified, the compensation to the village for use of the structures. The person or entity seeking the agreement shall reimburse the village for all costs the village incurred in connection with its review of and action upon the request for an agreement. The village requires that, upon approval to locate any facilities or equipment upon any village owned structure in the right-of-way, it shall become that permit holder's responsibility to maintain, repair, replace, remove, reinstall such structure permanently thereafter as needed and at the permit holders sole expense.

14.

Severability. If any section, subsection, clause, phrase, or portion of this section is for any reason held to be illegal or otherwise invalid by any court or administrative agency of competent jurisdiction, such illegal or invalid portion shall be severable and shall not affect or impair any remaining portion of this section, which shall remain in full force and effect. Any permit(s) issued based on any rules or orders that are later held to be unlawful, may be terminated at the sole discretion of the Village of Pewaukee Village Board.

(Ord. No. 2019-15, § II(1—14), 10-1-2019; Ord. No. 2020-04, § I(1—14), 5-5-2020)

(a)

Small wireless facility shall have the meaning as set forth in section 40.427.1 above.

(b)

Small wireless facilities proposed to be located on private property in the Village of Pewaukee shall be subject to all of the same requirements as set forth in section 40.427.2 above except to the extent any such requirement is determined by the village administrator to be uniquely applicable to the location of the facility in the public right-of-way.

(c)

All new small wireless facilities poles or posts and related equipment shall be fabricated using all metal materials and shall be powder coated in a bronze, brown, silver or black matte paint finish. Alternate colors and/or materials, proposed in order to better coordinate with the surrounding views, buildings or environment may be considered/approved by review/action of the village administrator. To the extent there may be existing, approved poles/equipment on the private property, such as for lighting and utility services, the new wireless facilities poles, posts and related equipment may, at the discretion of the village administrator, be required to match the existing not only as to color and finish but also as to style/design.

(d)

Height. The height of small wireless facilities on private property shall be regulated as follows:

•

Shall not exceed 50 feet in height, or

•

Shall not be more than ten percent taller than other adjacent structures, or

•

Shall not be extended to a height of more than 50 feet, or by more than ten percent above its preexisting height, whichever is greater, as a result of the collocation of new antenna facilities.

(Ord. No. 2019-15, § II, 10-1-2019; Ord. No. 2020-04, § I, 5-5-2020)

(a)

Purpose. This section is intended to establish a process and the recommended threshold conditions under which small scale keeping of domestic chickens for personal use and enjoyment on residentially zoned lots at least one-quarter acre in size may be considered for approval through the issuance of a chicken keeping permit.

(b)

Definitions. All terms used herein shall have the meaning described below:

Domestic(ated) chicken(s) means Gallus domesticus.

(c)

[Conditions.] Keeping of up to four domesticated chickens may be permitted on a non-commercial basis and subject to the following conditions:

a.

The minimum lot size required in order to be considered for a permit to keep domesticated chickens shall be one-quarter acre in area;

b.

The minimum size requirements for a hen house (a hen house is required) is not less than three cubic feet of space per bird and the hen house must connect to a secure and fully ventilated pen (also required) which contains not less than seven cubic feet of space per bird and an appropriately sized nesting box (also required) shall be provided at the rate of not less than one box per every two birds. Pens shall be properly sized as will permit full spread of the kept birds wingspan and allow the bird(s) to walk/run;

c.

No person shall keep a rooster or a crowing hen;

d.

No chickens may be kept within a principal residence or garage;

e.

Chicken keeping shall be conducted only by the owner occupant (or a tenant with the property owners express written consent for the use) of a property zoned and used for single family detached residential purposes only. No chicken may be kept at mobile homes, condominiums, apartment complexes, duplexes, or any other multiple-family property;

f.

No person shall keep chickens in any location on the property other than in the back yard;

g.

Hen houses and chicken pens shall not be located closer than 75 feet from the ordinary high water mark of any lake, river, or stream;

h.

If a chicken dies, it must be disposed of promptly in a sanitary manner;

i.

Chickens shall be kept and handled in a sanitary manner;

j.

Chickens shall be kept as pets and for personal use only. No owner shall engage in chicken breeding or fertilizer production for commercial purposes including, but not limited to, farmer's markets;

k.

The slaughtering of chickens is prohibited;

l.

Chickens must be kept in hen house and chicken pen at all times when not being monitored by a responsible individual, over 18 years of age and able to immediately return the hens to the chicken pen or hen house if necessary. Chickens shall always be secured within the hen house during non-daylight hours;

m.

All structures and enclosures related to the keeping of chickens must be at least 50 feet from a neighboring principal residence, at least five feet from the side and rear property lines, and at least five feet from the residence upon the property where the chickens are kept;

n.

Noise from chickens may not be loud enough at the property boundaries to disturb a person of ordinary sensitivity;

o.

The hen house shall be properly designed and laid-out on/over a hard surface and maintained as will provide safe and healthy living conditions for the chickens, and the pen shall be properly designed and laid out over a stable and vegetated, stone, gravel or similar pervious base, all while minimizing adverse impacts to other residents in the neighborhood through use of materials, colors, architecture and spatial site layout that are complimentary to the existing buildings on the premises and the surrounding area;

p.

Enclosures must be cleaned not less than twice weekly, kept dry and in a neat and sanitary condition at all times, and exist in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor, or other adverse impact;

q.

The hen house shall be enclosed on all sides and have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird-proof wire or fence of no more than one-inch openings;

r.

All enclosures for the keeping of chickens must provide adequate ventilation as well as sun protection, and be sanitary, insulated, weatherproof and impermeable to rodents, wild birds, and predators, including dogs and cats and similar. It must also be structurally sound, moisture-proof and maintained in good repair with sufficient space for freedom of movement and retention of body heat with elevated perches for natural roosting position. The nesting boxes must be elevated off the ground;

s.

Any proposed lighting attendant to the chicken keeping use shall be presented for consideration;

t.

Provisions must be made for the routine regular removal and lawful disposal of chicken manure in order to prevent any adverse effects related to odor or unsanitary conditions;

u.

Any person applying for a chicken keeping permit, shall provide evidence of proper livestock premises registration with the State of Wisconsin as an exhibit to be included with the chicken keeping permit document prior to issuance;

v.

Approved chicken keeping accessory structures and related fencing/enclosures may require the issuance of a building permit(s), electric permit(s) and similar. It is the applicant's responsibility to secure any required permits prior to the start of any construction or installation.

w.

A hen house, secure pen and/or nesting boxes will not generally be included in or counted against the maximum permitted square footage or overall quantity of accessory storage buildings permitted on a property.

x.

At such time as this section becomes effective, the fee rate for a chicken keeping permit in the Village of Pewaukee shall be $25.00, which fee may be modified from time to time thereafter at the discretion of the village board.

*Please note: Any request for a chicken keeping permit must be accompanied by site and architectural plans presented in such detail as may be required by the village staff in order to make a fully informed evaluation of the request and demonstrating compliance with the aforementioned design, placement and management requirements. Permit applications not meeting the aforementioned requirements shall not be issued. The applicant for a permit may appeal the denial of a permit to the village planning commission by submitting an appeal request to the village administrators office not less than 30 days after the denial.

(Ord. No. 2019-14, § 1, 10-1-2019; Ord. No. 2020-06, § I, 5-19-2020)

Editor's note— Ord. No. 2019-14, § 1, adopted October 1, 2019, added provisions to the Code as § 40.427.2; however, said provisions have been redesignated as § 40.427.10, at the editor's discretion, for the purposes of maintaining Code numbering format.