Pleasant Prairie, WI Zoning Ordinance

[Amended 7-20-2009 by Ord. No. 09-44; 2-15-2010 by Ord. No. 10-05; 4-7-2014 by Ord. No. 14-08; 7-20-2020 by Ord. No. 20-26; 4-11-2024 by Ord. No. 24-05; 8-11-2025 by Ord. No. 25-33]

Purpose and intent. The Village may enact a Zoning Ordinance under § 62.23, Wis. Stats., to regulate commercial communication structures as defined herein.

(1)

The purpose of this section is to regulate commercial communication structures subject to the provisions and limitations of this section and § 66.0404, Wis. Stats.

(2)

This section is intended to:

(a)

Maintain and ensure that a nondiscriminatory, competitive and broad range of telecommunications services and high-quality telecommunications infrastructure, consistent with the Federal Telecommunications Act of 1996 and § 66.0404, Wis. Stats., is provided to serve the community, as well as serve as an important and effective part of the Village's law enforcement, fire, rescue and emergency response network.

(b)

Provide a process for obtaining necessary permits for commercial communication structures while at the same time protecting the interests of Village citizens.

(3)

This section is not intended to regulate residential communication structures. Residential communication structures are subject to compliance with § 420-90 of this chapter.

Definitions. The definitions set out below shall apply to this section and shall control with respect to commercial communication structures in the event of any inconsistency between these definitions and the definitions set forth in Article XXI of this chapter.

AIRPORT OVERLAY DISTRICT PERMIT

A permit or site plan approval from the City of Kenosha pursuant to Section 13 of the City of Kenosha Zoning Ordinance related to any land in the Village of Pleasant Prairie within the established approach, overflight or height overlay districts.

ANTENNA

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

APPLICATION

An application for a permit under this section to engage in an activity specified in Subsection D(1) or Subsection E(1).

BUILDING PERMIT

A permit issued by the Village that authorizes an applicant to conduct construction activity that is consistent with the Village's Building Code.

CAMOUFLAGED MOBILE SERVICE SUPPORT STRUCTURE

A mobile service support structure that is used for the purpose of making it less obtrusive and/or more aesthetically pleasing with appropriate materials and/or coloration that conceals the structure by making it more difficult to see in that it blends in with the surrounding landscape. A water tower, a transmission tower and a silo are examples of camouflaged mobile service support structure.

CLASS 1 CO-LOCATION

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 CO-LOCATION

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 freestanding support structure for the facility or does not need to engage in substantial modification.

CO-LOCATION

Class 1 or Class 2 co-location or both.

COMMERCIAL COMMUNICATION STRUCTURE

Includes the mobile service support structure and the mobile service facility as defined in this section.

COMMERCIAL COMMUNICATION STRUCTURE PERMIT

A permit, other than a building permit, or approval issued by the Village which authorizes any of the following activities by an applicant:

(1)

A Class 1 co-location.

(2)

A Class 2 co-location.

(3)

The construction of a mobile service support structure.

(4)

The construction of a mobile service facility.

DISTRIBUTED ANTENNA SYSTEM

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.

EQUIPMENT COMPOUND

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

EXISTING STRUCTURE

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

FALL ZONE

The area over which a mobile service support structure is designed to collapse.

MOBILE SERVICE

Has the meaning given in 47 U.S.C. § 153(33).

MOBILE SERVICE FACILITY

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

A person/company who/that provides mobile service.

MOBILE SERVICE SUPPORT STRUCTURE

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

PROPAGATION MAP

A map that shows signal strength and other engineering evidence from the proposed site in relation to existing and other proposed mobile service support structures.

PUBLIC UTILITY

Has the meaning given in § 196.01(5), Wis. Stats.

SEARCH RING

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.

SUBSTANTIAL MODIFICATION

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

(1)

For structures with an overall height of 200 feet or less, increases in the overall height of the structure by more than 20 feet (as measured from the original permitted height), unless a greater height is necessary to avoid interference with an existing antenna.

(2)

For structures with an overall height of more than 200 feet, increases in the overall height of the structure by 10% or more (as measured from the original permitted height), unless a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.

(3)

For structures with an increase in the width of the support structure by 20 feet or more (as measured from the original permitted width), unless a larger area is necessary for co-location. The increase is measured at the level of the appurtenance added to the structure as a result of the modification.

(4)

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

SUPPORT STRUCTURE

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

A structure owned or operated by an alternative telecommunications utility, as defined in § 196.01(1d), Wis. Stats.; public utility, as defined in § 196.01(5), Wis. Stats.; telecommunications utility, as defined in § 196.01(10), Wis. Stats.; political subdivision; or cooperative association organized under Ch. 185, Wis. Stats., and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in § 182.017(1g)(cq), Wis. Stats.; video service, as defined in § 66.0420(2)(y), Wis. Stats.; for electricity; or to provide light.

Commercial communication structure permit required. No person shall construct, repair, replace, install, enlarge, or alter any commercial communication structure, as defined by this section, unless a valid permit for said structure has first been issued pursuant to this section and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate action to prosecute the violation of this chapter. See § 420-22 of this chapter for additional information related to a zoning permit for a commercial communication structure, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.

New construction or a Class 1 co-location.

(1)

Subject to the provisions and limitations of this section, the Village has enacted this section of the Zoning Ordinance under § 62.23, Wis. Stats., to regulate and require the issuance of a commercial communication structure permit for any of the following activities:

(a)

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

(b)

Class 1 co-location.

(2)

Applications for a commercial communication structure permit for activities described in Subsection D(1)(a) are made on forms obtained from the Village's Community Development Department. Except as otherwise specifically provided in this section, each applicant shall accurately and legibly complete the application form and shall file it along with 10 full-sized sets of the plans and other materials and information identified below, one set in which all such plan sheets reduced to fit 11 inches by 17 inches for easy handling, together with the commercial communication structure permit fee, which shall be payable at the time of application. (Required fees are set out in Article V of this chapter.) The Village follows § 66.0404(2)(c), Wis. Stats., and prefers an application include the following:

(a)

Name, address, telephone number and fax number (and cell phone number and email address, if applicable) of the applicant and of the project manager or principal contact individual for purposes of the application.

(b)

Whether the applicant is the owner of the subject real property and, if not, either proof of the applicant's legal interest in the subject real property (e.g., accepted offer to purchase, lease, etc., which may be appropriately redacted to preserve confidential information) or written authorization signed by the owner for the applicant to act as the owner's agent in connection with the application.

(c)

Name, address, and telephone number (and fax number, cell phone number and email address, if applicable) of each owner, developer, user or occupant of the site other than the applicant.

(d)

Street address or location of the subject site.

(e)

Area of the subject site in acres or square feet.

(f)

Tax parcel number(s) of any lot(s) or parcel(s) included within the site.

(g)

Current zoning district(s) of the site.

(h)

Whether the site is located within the Airport Overlay District and requires an Airport Overlay District permit from the City of Kenosha and proper approvals/permits have been obtained.

(i)

Whether the site is served by public sanitary sewer and public water supply and, if not, where the closest public sanitary sewer and public water facilities are located relative to the site.

(j)

All current principal and accessory uses of the site, whether they are proposed to be continued, and all proposed principal and accessory uses of the site.

(k)

The gross floor area and height of each existing building on the site and whether it is proposed to be continued, and the gross floor area and height of each proposed structure or building.

(l)

A detailed written operational plan description of the proposed project or activity giving rise to the need for plan approval.

(m)

If an application is to construct a new mobile service support structure, an inventory, a propagation map and a listing of all of the applicant's existing towers and antennas which are located within the Village boundaries and within 2,650 feet of the exterior of the Village boundaries. The inventory shall specify the location, antenna height, and structure type of each of the applicant's existing towers currently in operation and an indication of the ability of the existing structures to accommodate additional co-location antennas.

(n)

Plans indicating security measures (i.e., access, fencing, lighting, cameras, Knox^® padlock, etc.).

(o)

If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

(p)

If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment, to be placed on or around the new mobile service support structure.

(q)

If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider. If the service area is inadequate, map the areas where service is inadequate.

(r)

All plans shall comply with the plan requirements described in § 420-57 of this chapter, specifically including:

[1]

All plan sheets shall comply with the general standards set forth in § 420-57B of this chapter.

[2]

Title sheet pursuant to § 420-57D of this chapter;

[3]

Survey pursuant to § 420-57E of this chapter;

[4]

Site plan pursuant to § 420-57F of this chapter;

[5]

Grading and drainage plan pursuant to § 420-57G of this chapter;

[6]

Construction plan pursuant to § 420-57H of this chapter;

[7]

Lighting plan pursuant to § 420-57I of this chapter;

[8]

Landscape and open space plan pursuant to § 420-57J of this chapter;

[9]

Signage plan pursuant to § 420-57K of this chapter;

[10]

Performance standard compliance plan pursuant to § 420-57M of this chapter; and

[11]

Additional requirements pursuant to § 420-57N of this chapter.

(s)

With respect to any nonconforming structure on the site, proof of legal nonconforming structure status (that the structure and each addition to it was legal when it was built);

(t)

For both Class 1 and Class 2 co-locations, provide written approval to the Village from any homeowners' association or commercial owner's association having review and approval authority.

(u)

A description of all local, county, state and federal permits or approvals relating in any way to land use, buildings, development control, land division, environmental protection, sewer service, water service, stormwater management, streets and highways or fire protection that are required for or with respect to the project or activity for which site and operational plan approval is sought and an appropriate citation to the controlling statute, regulation or other law regarding each such permit or approval; and

(v)

A list of all documents, materials or information attached to the application form.

(3)

Waiver. The Village Zoning Administrator may waive in writing any application requirement which is not necessary for the effective review and determination of the application. Such waivers may be issued at a preapplication conference or at any time during the application or review process. A preapplication conference with the Zoning Administrator or other Village zoning staff members is required for the purpose of discussing the application requirements, as they apply to a particular proposed project or activity, and potential waivers of such requirements.

(4)

Complete application. If the Village does not believe that the application is complete, the Village shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(5)

Notice. Within 10 days of its receipt of a complete application, the Village shall mail notice by first-class mail to the last known address of the applicant, the owner of the subject lot or site, and the owners of all real property located within 300 feet of said property (interested parties). Failure of any person to receive actual notice of the request shall not invalidate any action taken by the Village. Interested parties may submit written comments to the Zoning Administrator regarding the application within 20 days from the date that the written notice is mailed.

(6)

Review. Within 90 days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the ninety-day period:

(a)

Review the application to determine whether it complies with all applicable aspects of the Village's zoning, building and fire codes and subject to the limitations in this section.

(b)

Make a final decision whether to approve or disapprove the application.

(c)

Notify the applicant, in writing, of its final decision.

(d)

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(e)

The Village may hire expert consultants to review any technical information submitted with the application. Costs incurred by the Village will be billed to the applicant, except the applicant shall not be billed for any travel expenses incurred in the consultant's review of the application materials.

(7)

The Village may deny an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection D(2)(q).

(8)

A party who is aggrieved by the final decision of the Village under Subsection D(6)(b) may bring an action in the Circuit Court of Kenosha County.

(9)

Upon completion of the project, a letter of compliance shall be submitted by the applicant to the Village Zoning Administrator to verify the work has complied with all Village conditions and was completed pursuant to the approved permit. The applicant shall also provide any updated name and contact information for the tower representative.

(10)

If the Village has in effect an ordinance that applies to the activities described under Subsection D(1) and the ordinance is inconsistent with § 66.0404, Wis. Stats., then that portion of this section does not apply to, and may not be enforced against, the activity.

Class 2 co-location on existing support structures and other modifications.

(1)

(a)

A Class 2 co-location.

(b)

Any other modifications to a mobile service facility not classified as a substantial modification.

(2)

Complete application. The Village follows § 66.0404(3)(b), Wis. Stats., and prefers that an applicant seeking a commercial communication structure permit to engage in any activity listed in Subsection E(1) submit an application containing all of the information required under Subsection D(2) and (3). If any of the required information is not in the application, the Village shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(3)

Review. Within 45 days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the forty-five-day period:

(a)

Make a final decision whether to approve or disapprove the application.

(b)

Notify the applicant, in writing, of its final decision.

(c)

If the application is approved, issue the applicant the relevant commercial communication structure permit.

(d)

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(e)

(4)

A party who is aggrieved by the final decision of the Village under Subsection E(3)(a) may bring an action in the Circuit Court of Kenosha County.

(5)

Standards for commercial communication structures.

(1)

If the site is located within the Airport Overlay District, then the commercial communication structure shall comply with the requirements of an Airport Overlay District permit.

(2)

A commercial communication structure is allowed in any zoning district as a permitted principal use on lots that are a minimum of one acre in size and having a minimum lot frontage on a public street of 100 feet.

(3)

A commercial communication structure is allowed in any agricultural, institutional, commercial, manufacturing, or park-recreational Zoning District as a permitted accessory use, provided that the lots and frontage on a public street meet the minimum lot area and frontage requirements of the underlying zoning district or 2.5 acres in size and having a minimum lot frontage on a public street of 100 feet, whichever is greater.

(4)

(5)

Freestanding mobile support structures.

(a)

All new freestanding mobile support structures constructed after January 1, 2014, shall be separated by a minimum of 2,640 feet, except where:

[1]

Co-location is not possible on the existing freestanding mobile support structure that would be within 2,640 feet of the new freestanding mobile support structure; or

[2]

The proposed new freestanding mobile support structure is a camouflaged mobile service support structure, as defined in Subsection B.

(b)

In addition, existing freestanding mobile support structures constructed before January 1, 2014, may be reconstructed on the same site without meeting the separation distance requirement of 2,640 feet.

(6)

Setbacks and height requirements. The height of any commercial communication structure is measured from the base of the structure at grade to its highest point, including any associated aerials, projections or other attached apparatus. The setback distance shall be measured from the furthest extent of the tower, its aerials, guy wire anchor locations or other equipment or from the foundation of a building.

(a)

If located within any institutional, commercial or manufacturing zoning district, then the setback of any building/structure/equipment associated with a commercial communication structure shall meet the minimum setback requirements specified in the specific zoning district in which it is being located.

(b)

If located in any residential, park and recreational or agricultural zoning district, then the setback of any building/structure/equipment associated with a commercial communication structure shall comply with the setback requirements specified in the B-1 Neighborhood Business District.

(c)

Antennas, whips, panels, or satellite and/or digital dishes attached to an existing building shall not exceed the height allowed in the underlying zoning district.

(d)

Antennas, whips, panels, or satellite and/or digital dishes attached to an existing structure, such as water towers, transmission towers, silos or other utility poles, shall not extend more than 20 feet above the existing height of said structure.

(e)

Any building/structure/equipment associated with a commercial communication structure shall not be located within the floodplain.

(f)

If an applicant provides the Village with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in this subsection, then the required setback shall be reduced unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.

(7)

Support structures shall be designed, engineered and constructed to handle multiple carriers.

(8)

The building within the equipment compound shall be designed to complement existing architecture in the area, and the fenced equipment compound shall be landscaped with mature foundation plants designed to enhance the facility. Any equipment allowed to be located outside the building within the equipment compound shall be screened from sight by mature landscaping and shall be located or designed to minimize their visibility.

(9)

Equipment compounds are required to be surrounded with a six-foot-high, vinyl-coated, chain-link fence pursuant to the requirements of Article XI of this chapter, unless otherwise approved by the Zoning Administrator.

(10)

All equipment at the base of the tower, except a backup generator, is required to be located within a building that complies with the standards set forth in § 420-57H of this chapter.

(11)

If required to be lit, red or white lights shall be nonflashing and nonpulsating, unless a different style of lighting is required by the Wisconsin Bureau of Aeronautics or the Federal Aviation Administration.

(12)

Backup generators, if present, shall be operated only during power outages and for testing and maintenance purposes; shall be located within the equipment enclosure and screened from public view.

(13)

The Village does not warrant any communication structure against design or structural failure. The Village does not certify that the design is adequate for any tower, and the Village hereby accepts no liability through the issuance of a commercial communication permit.

(14)

Commercial communication structures shall not interfere with or obstruct existing or proposed public safety, fire-protection or Supervisory Control and Data Acquisition (SCADA) operation telecommunication facilities. Any actual interference and/or obstruction shall be corrected by the applicant at no cost to the Village.

Limitations. With regard to an activity described in Subsection D(1) or Subsection E(1), the Village may not do any of the following:

(1)

Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions on mobile service facilities or mobile radio service providers.

(2)

Enact an ordinance imposing a moratorium on the permitting, construction, or approval of any such activities.

(3)

Enact an ordinance prohibiting the placement of a mobile service support structure in particular locations within the Village.

(4)

Charge a mobile radio service provider any recurring fee for an activity described in Subsection D(1) or Subsection E(1).

(5)

Disapprove an application to conduct an activity described under Subsection D(1) or Subsection E(1) based solely on aesthetic concerns.

(6)

Enact or enforce an ordinance related to radio frequency signal strength or the adequacy of mobile service quality.

(7)

Prohibit the placement of emergency power systems.

(8)

Require that a mobile service support structure be placed on property owned by the Village.

(9)

Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting.

(10)

Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the Village at less than the market rate or to provide the Village other services via the structure or facilities at less than the market rate.

(11)

Limit the duration of any commercial communication structure permit that is granted.

(12)

Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in co-location.

(13)

Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power.

(14)

Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or insure the Village in connection with the Village's exercise of its authority to approve the application.

(15)

Condition the approval of an application on, or otherwise require, the applicant's agreement to permit the Village to place at or co-locate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the Village or an entity in which the Village has a governance, competitive, economic, financial or other interest.

Abandonment, removal and security for removal.

(1)

Abandonment. Any commercial communication structure that is not operated for a continuous period of 12 months shall be considered abandoned. Time may be extended upon review and approval of the Zoning Administrator, if the tower owner demonstrates a good faith effort to secure new tenants. In such circumstances, the following shall apply:

(a)

The owner of such mobile service support structure and facility shall remove such within 90 days of receipt of notice from the Zoning Administrator notifying the owner of such abandonment.

(b)

If removal to the satisfaction of the Village does not occur within 90 days, the Village may order removal utilizing the established security for removal as provided below and salvage.

(c)

If there are two or more users of a single tower, then this provision shall not become effective until all operation of the tower cease. The owner shall notify the Zoning Administrator when the facility is no longer in operation.

(2)

Removal. It is the express policy of the Village and this section that commercial communication structures be removed once they are no longer in use and not a functional part of providing service and that it is the mobile service support structure owners' responsibility to remove such structure(s) and restore the site to its original condition or a condition approved by the Zoning Administrator. This restoration shall include the removal of any subsurface structure or foundation, including concrete used to support the structure down to 10 feet below the surface. After a communication structure is no longer in operation, the tower owner shall have 90 days to effect removal and restoration unless weather prohibits such efforts. The commercial communication structure owner shall record a document with the Kenosha County Register of Deeds showing the existence of any subsurface structure remaining below grade. Such recording shall accurately set forth the location and describe the remaining structure. A copy of the recorded document shall be provided to the Village.

(3)

Security for removal. The owner of the commercial communication structure shall provide to the Village, prior to issuance of a commercial communication structure permit, a performance bond in the amount of $20,000 or a bond equal to a written estimate from a qualified tower removal contractor to guarantee throughout the life of the structure that the structure will be removed when no longer in operation. The Village will be named as the obligee in the bond and must approve the bonding company.

Severability. If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or its applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

Pleasant Prairie City Zoning Code

ARTICLE XIV

§ 420-89 Commercial communication structures.

§ 420-90 Residential communication structures.