Rice Lake City Zoning Code
ARTICLE X
Radio, Television and Wireless Communications Dishes, Towers and Antennas
§ 260-100 Radio, television and wireless communications towers and antennas.
A.
Purpose of section. It is the intent of this section to allow and regulate the construction of commercial radio and television towers and stations and wireless communications towers by obtaining a conditional use permit for the proper specified zoning district(s) in such a manner that such construction shall not be injurious to the public health, safety, morals, convenience or general welfare of the citizens of Rice Lake or its extraterritorial zoning district. Such construction of commercial radio and television towers and stations and wireless communication towers shall comply not only with the provisions as stated within this section but with all applicable regulations as mandated by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and Chapters COMM 61 and 62, Wisconsin Administrative Code.
B.
Application procedures. An applicant for a conditional use permit for commercial radio and television towers and stations, and wireless communications towers shall adhere to the applicable provisions as stated within §§ 260-59 through 260-67. With specific regard to this section, applicants for a conditional use permit shall furnish to the Plan Commission the following:
(1)
Scale drawings of the proposal, including as a minimum a plot plan of the premises involved showing lot lines and the accurate locations of all buildings or structures on the premises, locations of the proposed tower, all guy wires, poles or anchors and a sketch cross section and elevation of the premises accurately depicting the proposed tower and its relationship to buildings or structures on the premises.
(2)
Written statements that the proposed commercial radio and television towers and stations and wireless communications towers complies with all applicable regulations as mandated by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and any appropriate state review authority, or that the facilities are exempt from those regulations.
(3)
A report that demonstrates the commercial radio and television towers and stations and wireless communications tower's compliance with all applicable structural and electrical standards and codes.
(4)
A description of the commercial radio and television towers and stations, and wireless communications tower's capacity, including the number and type of antennas it can accommodate.
(5)
A report that documents the steps the applicant will take to avoid interference with established public safety communications.
(6)
For telecommunication and wireless communications towers a drawing that documents the height above grade for all potential mounting positions for colocated antennas and the minimum separation distance between antennas.
(7)
A letter of intent committing a telecommunication and wireless communications tower owner and his or her successors to allow the shared use of the telecommunication and wireless communications tower, as long as there is no negative structural impact upon the tower and there is no disruption of the service provided.
C.
Location of commercial radio and television towers and stations and wireless communications towers. Commercial radio and television towers and stations and wireless communications towers may be permitted by issuance of a conditional use permit, in the A (Agricultural), AT (Agricultural Transition), C (Commercial), CH (Highway Commercial), TP (Technology Park), IL (Light Industrial) and I (Industrial) Zoning Districts. Telecommunication or wireless communication towers may be permitted by issuance of a conditional use permit in the residential districts, only if such towers are uniquely designed to blend into the uses on the site, compatible with the surrounding area, and set back from all property lines a minimum of the tower height. Examples of unique towers would include church bell towers and steeples, light poles for parking lots or other camouflaging techniques.
D.
Required height and location upon property of radio, television and wireless communications towers. There shall be no height requirements for radio and television broadcasting towers. Wireless communications towers shall have a maximum height of 300 feet, unless it can be demonstrated that such tower must exceed 300 feet in height to satisfy the engineering requirements necessary to provide minimum service or federal or state regulations require a greater height. In addition, the base of the towers shall not be closer to property lines than a distance equal to the height of the towers. Radio, television and wireless communications towers shall comply with the minimum setback requirements of the district in which they are located and be designed and engineered to collapse progressively within the distance between the tower base and the property line. All guy wires must be anchored on the property on which the tower is located, unless locations off site are approved by the Plan Commission.
E.
No tower shall be lighted except by the minimum number and brightness of lights allowed by the Federal Aviation Administration, Federal Communications Commission or other authority.
F.
Tower maintenance. All tower structural, anchorage or other accompanying supports shall be maintained in such manner as to prevent a potential public hazard.
G.
Equipment storage. No equipment, mobile or immobile, not used in direct support of the facility shall be stored or parked on the site unless repairs to the facility are being made. Enclosed buildings to accommodate associated appurtenances and facilities may be allowed.
H.
Necessary fence requirement. A safety fence of not less than six feet in height shall be provided around a tower. Access to the tower shall be through a locked gate.
I.
Necessary high-voltage signs. If high voltage is necessary for the operation of the facility, signs located every 20 feet and attached to a supporting structure shall display in large bold letters the following: "High Voltage - Danger."
J.
Private or public airport approach flight patterns. No tower shall be permitted to encroach into or through any established public or private airport approach flight patterns as established by the Federal Aviation Administration (FAA). Towers that are erected outside said approach flight patterns shall be illuminated for safety reasons as required by federal regulations.
K.
Station offices and studios. Radio and television offices and studios may be permitted when located and operated on the same property in connection with such transmitting towers. Studio seating capacity for individuals shall not exceed 100. Landscaping shall be done around all station offices and studios.
L.
Off-street parking. Off-street parking for employees and individuals utilizing studio facilities shall comply with the standards set forth in Article V.
M.
Wireless communications towers. The following requirements and standards apply to all telecommunication or wireless communication towers.
(1)
A proposal for a new telecommunication or wireless communication tower shall not be approved unless the telecommunications equipment planned for the new tower cannot be accommodated on an existing or approved tower or building within the service area of the proposed tower due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
(b)
The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified radio frequency engineer, and the interference cannot be prevented at a reasonable cost.
(c)
Existing or approved utility towers or buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified radio frequency engineer.
(d)
Existing or approved utility towers or buildings within the search radius are not available or are unreasonably expensive to lease space upon.
(e)
Other reasons that make it infeasible or impractical, in the opinion of the Plan Commission, to locate the planned telecommunications or wireless communications equipment upon and existing or approved tower.
(2)
Any proposed telecommunication or wireless communication tower shall be designed structurally, electrically and in all respects, to accommodate both the applicant's equipment and comparable equipment for at least two additional users if the tower is over 100 feet in height or at least one additional user if the tower is 60 to 100 feet in height. Telecommunication or wireless communication towers shall be designed to allow for the future rearrangement of antennas and equipment upon the tower and to accept antennas mounted at varying heights. The applicant or owner of the proposed telecommunication or wireless communication tower can make any arrangements necessary with additional users to provide space and or equipment on the proposed tower. It is the intent of this provision to maximize the number of antennas that can be added to a proposed telecommunication or wireless communication tower and reduce the proliferation of towers in any given area.
(3)
All telecommunication or wireless communications towers shall be of monopole or lattice construction, unless it can be demonstrated that such tower must a guyed tower to satisfy the engineering requirements necessary to provide minimum service or federal or state regulations require a guyed tower. A monopole tower is preferred over other self-supporting telecommunications or wireless communications towers.
(4)
Telecommunication or wireless communication towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the state building code and all other applicable standards. Metal towers shall be constructed of, or treated with, corrosive resistant material.
(5)
All obsolete or unused telecommunication or wireless communication towers and their accompanying antennas or accessory facilities shall be removed by the owner within 12 months of the cessation of operations at the site unless a time extension is approved by the Plan Commission. After the facilities are removed, the site shall be restored to its original or an improved state.
N.
Building permits. A building permit is required for all installations under the jurisdiction of this section.
§ 260-101 Radio and television receiving and two-way radio towers, antennas and dishes.
A.
Applicability; permit required.
(1)
Radio and television receiving antennas and two-way radio antennas. This section shall apply to the following style antennas: satellite dishes, parabolic dishes, spherical antennas, horn-type antennas and mast antennas mounted on their own tower or roof-mounted. This section specifically does not apply to mast antennas mounted on the roofs of buildings which do not exceed 10 feet in height above the roof peak or the highest elevation of the roof.
(2)
Building permits. A building permit is required for all installations under the jurisdiction of this section. The minimum building permit fee will be charged regardless of the cost of the installation.
B.
Requirements by district.
(1)
Residential and agricultural districts. All antennas installed under the jurisdiction of this section shall be considered accessory uses, and the installation thereof shall be governed by the appropriate zoning requirements of each particular residential or agricultural zoning district, with the following exceptions:
(a)
There shall be no front yard installations of antennas permitted, except that directional antennas such as satellite dishes may be placed in the front yard only if they cannot receive a signal mounted elsewhere.
(b)
Rear and side yard setbacks shall be a minimum of 10 feet (measured from the lot line to the closest part of the antenna or antenna-mounting system) unless the antenna is mounted immediately adjacent and affixed to the main structure and the dish or mast is located a minimum of 15 feet above grade, measured from grade to the lowest point of the mast or dish. Front yard setback for approved directional antennas shall be a minimum of 30 feet.
(c)
No antenna may exceed 50 feet in height (measured from the grade to the highest point of the antenna or mounting tower).
(e)
No antenna may have a diameter greater than 12 feet, except a horizontal mast antenna, which may have a length of up to 15 feet.
(f)
One satellite dish over 24 inches is permitted per residential structure and one satellite dish 24 inches or less is permitted per residential unit.
(g)
All installations shall employ, to the extent possible, materials and colors that blend in with surroundings.
(2)
Commercial and industrial districts. All antenna installations subject to this section must comply with the regulations for accessory uses within their appropriate commercial or industrial zoning district, with the following exceptions:
(a)
No front yard installation shall be permitted, except for display purposes in commercial districts by dealers of antennas and that directional antennas such as satellite dishes may be placed in the front yard only if they cannot receive a signal mounted elsewhere.
(b)
All installations must be permanent installations.
(d)
No antenna may have a diameter of greater than 12 feet, except a horizontal mast antenna, which may have a length of up to 15 feet.
(e)
All installations shall employ, to the extent possible, materials and colors that blend in with surroundings.
(3)
Restrictive or protective covenants. All restrictive or protective covenants recorded for any subdivision or plat within the jurisdiction of the city may be more restrictive but not less restrictive than this section.
C.
Temporary permit.
(1)
The Zoning Administrator is permitted to issue a temporary ten-day permit for residential districts which entitles the property owner to install, on a temporary or portable basis, an antenna for the purpose of trying it out and testing.
(2)
Said permit will expire in 10 days.
(3)
No extension of the original temporary permit will be granted. If the owner of the property intends to keep the installation for over 10 days, a permanent permit must be obtained and permanent installment under § 260-101 must be implemented.
(4)
Each day thereafter in which the property owner is in violation of § 260-101C(2) and (3) shall constitute a separate violation.
§ 260-102 Liability and civil penalty.
A.
Liability. The owner of a tower, antenna or dish subject to this section assumes absolute and full responsibility for the installation, maintenance and structural integrity of the system. The city's permit process does not provide any warranties as to installation, maintenance or structural integrity of the system. The tower, antenna or dish must be installed in conformity with all manufacturer's specifications for the type of installation and the provisions of Chapter COMM 62, Wisconsin Administrative Code.
B.
Civil penalty. The owner of any tower, antenna or dish subject to this section which causes damage to any person or to the property of any other person or corporation shall be fined no less than $200 and no more than $1,000 for each occurrence. The owner of any tower, antenna or dish subject to this section shall guarantee the structural integrity of said system from all hazards caused by, but not limited to, wind, storm, hail, ice, snow, engineering and design under which the failure of said system causes harm to person or property.
§ 260-103 Use of antennas as signs.
The owner of an antenna, dish or tower subject to regulation under this article may not use such an antenna, dish or tower as a sign of any kind and as defined and set forth in § 260-82. No antenna or antenna-mounting structure, dish or tower may have any lettering or numerical symbols painted or affixed thereto, with the following exceptions:
A.
Commercial radio and television transmission towers may display station call letters and channel subject to all regulations of Article VIII of this chapter.
B.
In commercial districts, vendors of antenna and satellite systems may utilize the antennas for the purpose of display and display signs subject to all regulations of Article VIII of this chapter.
C.
Dishes with a diameter of less than 24 inches can contain service provider or vendor information.
D.
Any identification or text required by a federal or state agency.
E.
Manufacturers labels, provided they cannot be read from a distance of.50 feet.