Rome City Zoning Code
ARTICLE XXIV
Mobile Tower Siting
§ 360-108 Purpose.
The purpose of this article is to regulate by zoning permit:
A.
The siting and construction of any new mobile service support structure and facilities;
B.
With regard to a Class 1 co-location, the substantial modification of an existing support structure and mobile service facilities; and
C.
With regard to a Class 2 co-location, co-location on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
§ 360-109 Authority.
The Town Board has the specific authority under §§ 62.23 and 66.0404, Wis. Stats., to adopt and enforce this article.
§ 360-110 Definitions.
All definitions contained in § 66.0404(1), Wis. Stats., are hereby incorporated by reference. For other terminology in this article, see the definitions included in § 360-5B.
§ 360-111 Permit issuance.
The Plan Commission is hereby authorized to issue all permits provided for in this article.
§ 360-112 Permitted use.
Class 2 co-location is a permitted use, subject to issuance of a zoning permit pursuant to § 360-114 herein.
§ 360-113 Conditional uses.
B.
Specific requirements.
(1)
Height. Except as provided for in § 66.0404(4)(L), Wis. Stats., and pursuant to the discretion authorized in Sub. (4)(u) therein, the height of a mobile service support structure shall not exceed 300 feet.
(2)
Surety. A surety bond or other form of security may be required in an amount not to exceed $20,000. The surety shall be for the sole purpose of ensuring repair or removal of structures or facilities that fall into disuse.
(3)
Setback. The setbacks set forth in Article XVI, B-1 Business District, shall apply to mobile service support structures.
(4)
Structural capacity. A co-location may not result in the structural capacity of a structure being exceeded.
(5)
Co-location. Co-location on existing structures is encouraged to the extent doing so if reasonably possible.
(6)
Signs/advertising. No signs or advertising messages shall be attached to a mobile service support structure or facility.
(7)
Compliance with other laws. All mobile service support structures and facilities shall be erected and maintained in compliance with federal law, including but not limited to Federal Communication Commission and Federal Aviation Administration rules and regulations, and applicable building codes.
(8)
Conditions. The Town may place additional conditions on the issuance of a conditional use permit granted pursuant to this article, provided that such conditions are consistent with the limitations set forth in § 66.0404(4), Wis. Stats.
C.
Exclusive process. Notwithstanding regulations in any other section of this chapter regarding the issuance of conditional use permits generally, the issuance of conditional use permits for mobile service support structures and facilities and Class 1 co-locations shall be governed exclusively by this article.
§ 360-114 Class 2 co-location application process.
A.
A Town zoning permit is required for a Class 2 co-location. A Class 2 co-location is a permitted use in the Town but still requires the issuance of the Town permit.
B.
A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
C.
A Class 2 co-location is subject to the same requirements for the issuance of a building permit as any other type of commercial development or land use development; provided, however, a Class 2 co-location is not subject to Article XXVI, Design Standards.
D.
If an applicant submits to the Town an application for a permit to engage in an activity described herein, which contains all of the information required under this section, the Town shall consider the application complete. If any of the required information is not in the application, the Town 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.
E.
Within 45 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree in writing to an extension of the forty-five-day period:
(1)
Make a final decision whether to approve or disapprove the application.
(2)
Notify the applicant, in writing, of its final decision.
(3)
If the application is approved, issue the applicant the relevant permit.
(4)
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
F.
The fee for the permit shall be set in the Town's fee schedule.
§ 360-115 Siting and construction of any new mobile service support structure and facilities and Class 1 co-location application process.
A.
A conditional use permit is required for the siting and construction of any new mobile service support structure and facilities and for Class 1 co-location.
B.
A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
(1)
The name and business address of, and the contact individual for, the applicant.
(2)
The location of the proposed or affected support structure.
(3)
The location of the proposed mobile service facility or Class 1 co-location.
(4)
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.
(5)
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.
(6)
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.
C.
If an applicant submits to the Town an application for a permit to engage in an activity described herein, which contains all of the information required under this section, the Town shall consider the application complete. If the Town does not believe that the application is complete, the Town 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.
D.
Within 90 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree in writing to an extension of the ninety-day period:
(1)
Review the application to determine whether it complies with all applicable aspects of the Town's building code and, subject to the limitations in § 66.0404, Wis. Stats., this chapter.
(2)
Make a final decision whether to approve or disapprove the application.
(3)
Notify the applicant, in writing, of its final decision.
(4)
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
E.
The Town may disapprove 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 earlier herein.
F.
If an applicant provides the Town 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 section, that setback does not apply to such a structure unless the Town provides the applicant with substantial evidence that the engineering certification is flawed.
G.
The fee for the permit shall be set in the Town's fee schedule.
§ 360-116 Violations and penalties.
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this article shall, upon conviction, pay a forfeiture of not less than $200 nor more than $2,000, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this article. In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.
§ 360-117 Conflict with other provisions.
If any provision of this article and/or if any condition imposed pursuant to § 360-113 herein is in conflict with § 66.0404, Wis. Stats., it is hereby intended that the Town-imposed provision or condition be automatically withdrawn and not enforced.
§ 360-118 Severability.
If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.