As used in this chapter:

"Antenna" means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

"Tower" means any structure primarily used to support one or more antennas.

"FCC" means the Federal Communications Commission.

"FAA" means the Federal Aviation Administration.

"Height" means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna.

"Historic district, building or site" means any place designated as historic on the Federal Register of Historic Places, the State of Wisconsin Historical Society, or by the city.

"Structural change" means any change in the strength, capacity or height of the structure.

"Tower type" means one of the three tower types: monopole, lattice or guyed.

The purpose of this chapter is to balance the federal interest concerning the construction, modification and placement of telecommunication towers and antenna for use in providing personal wireless services, and the legitimate interest of the city in regulating local zoning. The goals of this chapter are to protect residential areas and land uses from potential adverse impacts of towers and antennas; minimize the total number of towers throughout the community; encourage joint use of new and existing tower sites as a primary option rather than construction of additional single use towers; encourage users of towers and antennas to configure them in a way to minimizes the adverse visual impact of the towers and antenna through careful design, siting, landscape screening and innovative camouflaging techniques; consider the public health and safety of communications towers, deliver needed educational and governmental services, and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the city shall give due consideration to the Master Plan, Zoning Map, and existing land uses, and environmentally sensitive area in approving sites for the location of towers and antennas.

(Ord. 2000-10 (part))

All new towers and antennas in the city shall be subject to these regulations except licensed amateur radio station operators exclusively for receive and transmit only antennas, and except pre-existing towers and antennas. The requirements set forth in this chapter shall govern the location of towers and antennas that are installed at a height in excess of the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers or antennas, however, in no case shall any tower or antenna exceed the heights listed in this chapter.

(Ord. 2000-10 (part))

Towers shall be permitted by special use permit in the industrial and university zoning districts when they exceed the maximum building height for that district. A special use permit will be required for any significant structural change to a tower.

(Ord. 2000-10 (part))

A.

Permitted Districts. Towers are permitted by permit in the following zoning districts: industrial (I1), heavy industrial (I2), and university (U), general commercial (B1), limited commercial (B2), and highway business (B3), and any public property. Towers are not permitted to exceed the maximum building height unless stated elsewhere in this chapter.

B.

Co-location. A proposal for a new wireless communications tower shall not be approved unless the city council finds that the telecommunications equipment can not be accommodated on an existing tower or existing structure within a 1.5 mile radius of the proposed tower site. Those reasons may be but are not limited to the following:

1.

The existing tower or structure would exceed the structural capacity of the existing structure or that the existing tower or structure can not be reinforced, modified, or replaced to accommodated planned or equivalent equipment at a reasonable cost.

2.

The existing tower or structure cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

3.

The fees, costs, or contractual provisions required by the owner to share an existing tower or structure or to adapt to an existing tower or structure are unreasonable.

4.

Information provided shall include but is not limited to the structural capacity of the tower and propagation maps.

C.

Tower Capacity and Design. A proposed tower shall be structurally and electrically designed to accommodate the applicant's antenna and comparable antennas for at least two additional users. Towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights. Additional land area shall be made available at the base of the tower for additional associated buildings and cabinets.

D.

Height. Towers shall be allowed to exceed the height restrictions only in the industrial and university zoning districts. Towers shall not exceed one hundred eighty (180) feet at any time. In all other districts, the building height stated for that district shall be the maximum height for any tower, provided that it is a permitted use.

E.

Setbacks. Towers shall be setback according to the building setbacks in the district in which they are permitted.

1.

If the proposed tower is in a district that is adjacent or opposite of a residential district, then the tower shall be set back from that residential district two hundred (200) percent of the tower height.

2.

Towers shall be set back two hundred (200) percent from the banks of the Kinnickinnic River.

3.

Towers shall be set back one hundred (100) percent of the tower height from any right-of-way.

4.

Towers shall be set back two hundred (200) percent of the tower height from any designated historic district, building, or site.

(Ord. 2000-10 (part))

The plan commission may designate a tower type that reduces visual obtrusiveness.

(Ord. 2000-10 (part))

All towers shall be light blue or gray unless safety/obstruction markings are required or suggested by the FAA.

(Ord. 2000-10 (part))

All abandoned or unused towers and associated facilities shall be removed within six months of the cessation of operations at the site, unless a time extension is approved by the plan commission. In the event that a tower is not removed within six months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.

(Ord. 2000-10 (part))

All towers shall comply with the "obstruction Marking and Lighting" requirements of the FAA in cooperation with the FCC. Where "dual lighting systems" are suggested, it shall be mandatory that white strobe lighting be used only during daylight hours and only the red light shall be utilized at night. Written verification from the FAA with their obstruction marking requirements is required.

(Ord. 2000-10 (part))

The use of any portion of a tower for signs other than warning or equipment signs is prohibited.

(Ord. 2000-10 (part))

Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the FAA, other federal or state authority authorities, or the city, for a particular tower. Light, if required, shall be shielded from the ground. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(Ord. 2000-10 (part))

Structural modification to an existing tower must meet the requirements set forth in this chapter.

(Ord. 2000-10 (part))

Antennas are permitted by permit in the districts listed in this chapter.

A.

Permitted Districts. Antennas shall be permitted in any commercial, industrial, or university zoning district, provided they are located on an existing wireless communication tower.

B.

Location. When not located on a tower, antennas shall be located in the least visible place when viewed from any right of way and still function properly.

(Ord. 2000-10 (part))

Ground mounted equipment and utility buildings shall be secured from public access.

(Ord. 2000-10 (part))

All towers on public property shall be administratively approved by permit when exclusively delivering governmental and educational services via these structures. Permits shall be granted when it is shown that alternatives are reasonably not viable. Antennas shall also be administratively approved by permit. When not located on a tower, the antenna shall be placed in the least visible location when viewed from the right-of-way and still function properly.

(Ord. 2000-10 (part))

All pre-existing towers and antennas not in compliance with this chapter shall be considered nonconforming uses.

(Ord. 2000-10 (part))

Personal television and radio antennas on top of residential structures shall be exempt from this section except as stated in Section 17.96.020.

(Ord. 2000-10 (part))

Liability insurance in the amount of two hundred fifty thousand dollars ($250,000) per person and five hundred thousand dollars ($500,000) per occurrence for bodily injury, and one hundred thousand dollars ($100,000) for property damage for any liability resulting from the collapse, falling debris, electrical discharge, or any other occurrence causing damage or injury to persons/property resulting from the tower.

(Ord. 2000-10 (part))

In addition to the requirements of the most current Uniform Building Code, those standards set forth in Ch. SPS 362, Wis. Adm. Code shall apply to any tower or antenna.

(Amended during Supplement #1; Ord. 2000-10 (part))

(Ord. No. 2016-03, § 2, 5-10-2016)

No antenna or tower shall be erected or placed on any property within the city until a permit has been obtained. Application for a special use permit shall be made at city hall and shall include the submission of manufacturer's specifications, payment of the appropriate fee, and a plot plan which shall include the following:

A.

Location of proposed tower in relation to easement, adjoining rights-of-way and alleys, lot lines, buildings and setbacks;

B.

Location of the underground installations, cables and wiring;

C.

Location of the grounding, procedure and materials;

D.

The plot plan shall meet the provisions of applicable city codes.

(Ord. 2000-10 (part))

Failure to comply with the provisions of this chapter shall be regarded as a violation and the violator shall be subject to forfeiture as provided by Chapter 1.20.

(Ord. 2000-10 (part))

In the event of a violation or the threatened violation of any provision of this chapter or any provision of a general permit issued pursuant to this chapter, the city, in addition to other remedies, may institute appropriate action or suit to prevent, restrain, correct or abate such violation or threatened violations.

(Ord. 2000-10 (part))