Saint Francis City Zoning Code
ARTICLE VII
Specific Use Regulations
§ 455-44 Residential use regulations.
The uses and standards listed below relate to the City of St. Francis Use Tables in § 455-60. Unless otherwise noted, the use standards of this section apply whether the uses are allowed as permitted uses, special uses or accessory uses.
A.
Number of occupying families limited. No more than one family may occupy any dwelling unit in the City of St. Francis. (See the definition of "family" in § 455-61 of this chapter.)
B.
Community and other living arrangements. The City of St. Francis recognizes that community and other living arrangements are subject to regulation and protection under federal and state law. When any of the facilities covered by § 46.03(22)(a), Wis. Stats., desire to establish such a facility, notice shall be given to the City by means of letter to the Common Council.
C.
Home occupations. In order to protect the passive nature of residential districts, regulatory standards and restrictions contained within this subsection are designed to reduce potential conflicts between permitted home occupation activities and adjacent residences. Home occupations are permitted in single-family and two-family dwellings in the City of St. Francis provided that all of the standards applicable to the district in which they are located are followed, in addition to the following:
(1)
The home occupation shall be incidental to the principal use of the building as a dwelling.
(2)
Persons operating, employed in or involved with the operation of the home occupation shall reside on the premises in which the home occupation is located.
(3)
No alteration of the principal building shall be made which changes its character as a dwelling.
(4)
No mechanical or electrical equipment other than normal domestic or household equipment shall be used.
(5)
The home occupation shall be conducted entirely within the principal residential building or in a permitted private garage accessory thereto.
(6)
No stock-in-trade, except articles produced on the premises, shall be displayed or sold on the premises.
(7)
Displays.
(a)
No more than three products may be displayed for sale.
(b)
The total display area may not exceed 16 square feet in footprint or eight feet in height, whether freestanding or attached to any structure.
(c)
No display may be located within the street right-of-way, nor may it be more than 15 feet closer to the street than the principal structure.
(8)
There shall be no outside storage of materials, supplies, products, equipment or anything else associated with the home occupation, except as provided above.
(9)
Signage is limited to one sign not larger than three square feet in area per dwelling unit. The sign shall be mounted flat against the wall of the dwelling unit and shall not be illuminated.
(10)
Not more than two home occupations may be operated from any one dwelling unit.
(11)
No home occupation may create a public nuisance. No home occupation shall create any offensive noise, vibration, smoke, dust, electronic interference, odors, heat or glare spilling over the property line.
§ 455-45 Nonresidential use regulations.
The uses and standards listed below relate to the City of St. Francis Use Table in § 455-60. Unless otherwise noted, the use standards of this section apply whether the uses are allowed as permitted uses, special uses or accessory uses.
A.
Adult uses. Adult entertainment establishments and adult retail establishments shall meet the following requirements:
(1)
Distance limitations. Adult entertainment establishments and adult retail establishments must be located on a minor or major arterial road and are subject to the distance limitations noted below. Distance limitations set forth herein shall be measured in a straight line from the lot lines of properties. No adult entertainment establishment or adult retail establishment shall be operated or maintained:
(a)
Within 600 feet of the boundary of any residentially zoned (R) district.
(b)
Within 600 feet of a church, park, recreational site, licensed day-care facility, public library, public or private educational facility which serves persons age 17 or younger, elementary school, high school, place of worship, or elderly housing facility.
(c)
So that there are more than two such businesses within 2,500 feet as measured by the radius from each business.
(2)
Same use restrictions. No adult entertainment establishment or adult retail establishment shall be located in the same building or upon the same property as another adult entertainment establishment or adult retail establishment.
(3)
Sign limitations. Notwithstanding any other provision of this Code, no adult entertainment establishment or adult retail establishment shall have more than two signs advertising its business, which shall be on-premises or building signs only. All such signs shall meet the following criteria:
(a)
There shall be no merchandise or pictures of the products or entertainment on the premises displayed in window areas or any area where they can be viewed from the exterior of the building.
(b)
No sign shall be placed in any window. A sign of one square foot may be placed on the door to state hours of operation and admittance to adults only.
(c)
No sign shall contain any flashing lights, moving elements, or mechanically changing messages.
(d)
No sign shall contain any depiction of the human form or any part thereof nor shall it contain sexually explicit language such as "Nude Dancing" or "Girls, Girls, Girls," etc.
(e)
No adult entertainment establishment or adult retail establishment may have any off-premises sign.
(4)
Operating standards. All such adult entertainment and adult retail entertainment businesses shall operate in accordance with the following:
(a)
No employee shall solicit business outside the building in which the business is located.
(b)
No male or female person, while on the premises, shall expose to public view his or her genitals, pubic area, anus, or anal cleft.
(c)
No person on the premises shall engage in sexual conduct.
(d)
Nudity is prohibited for any employee of an adult entertainment and/or adult retail business.
(5)
Building's exterior appearance. The building's exterior shall meet the following criteria:
(a)
Colors shall be earth or neutral tones, with primary accent colors to be within the same color family.
(b)
Stripes and geometric patterns are prohibited.
(c)
A color scheme which is directly inherent to a unique recognized architectural style but not otherwise compliant with this section may be reviewed and approved by the Common Council.
(d)
The exterior shall be adequately maintained in good condition.
B.
Animal services. Animal boarding, grooming and/or training facilities, animal hospitals and veterinary clinics shall meet the following requirements:
(1)
Activities to be conducted within enclosed building. All activities, except animal exercise areas, shall be conducted within an enclosed building which allows for adequate ventilation.
(2)
Minimum building distance from adjoining residential zoning district. Buildings housing animal services which are fully enclosed shall be located no closer than 75 feet to any adjacent residential zoning district. Buildings housing animal services which are not fully enclosed shall be located no closer than 150 feet to any adjacent residential zoning district.
(3)
Exercise areas. Exercise areas shall be not less than 50 feet from any residential zoning district. The operator shall be responsible for using good management practices to discourage undesirable odors, insects, and excessive noise. All exercise areas shall be enclosed and located adjacent to the principal building. The enclosure shall be chain link, solid wood fencing or a masonry wall of a height and quality as approved by the Planning Commission.
(4)
Solid waste and feces removal. The disposal of all feces and other solid waste generated by the operation shall be reviewed and approved by the City of St. Francis Health Department.
(5)
Noises, smoke and odor. Any training of animals shall not include the use of loud noises or produce smoke or odor. The facility shall not generate adverse off-site noise or odor impacts.
(6)
Humane Society of the United States (HSUS) guidelines to be used. Humane Society of the United States (HSUS) Guidelines shall be used, at a minimum, for the flooring, walls between kennels, drainage, heating and cooling, cage sizes, and runs.
C.
Automotive repair facilities. See Subsection F.
D.
Cemeteries. Cemeteries for humans established subsequent to the effective date of this chapter shall meet the following requirements:
(1)
State requirements. All requirements of the Wisconsin Statutes regarding the interment of human dead shall be met.
(2)
Minimum required site area. The minimum required site size for the entire cemetery site shall be three acres.
(3)
Off-street parking and maneuvering of funeral corteges. There shall be adequate space within the site for the parking and maneuvering of funeral corteges.
(4)
Minimum interment setbacks. No interment shall take place within 50 feet of any adjoining lot line.
(5)
Minimum structure setback. All structures shall be set back a minimum of 50 feet from any boundary line of the cemetery property plus two feet for each one foot of structure height over 25 feet to the maximum height permitted by the zoning district in which it is located.
E.
Tobacco, CBD, vape product retailers. In addition to any conditions imposed under Subsection F below or imposed pursuant to the special use permit process, retail establishments in the City of St. Francis that engage in the retail sale of tobacco products, cannabidiol (CBD) oil or products, and/or electronic vaping devices or cartridges intended or designed or intended for use in an electronic vaping device ("vape cartridges") to the public shall meet the following standards:
[Amended 5-7-2024 by Ord. No. 1520]
(1)
Operating standards.
(a)
Access to merchandise. Tobacco products, CBD oil and products, and electronic vaping devices and vape cartridges shall be secured so that only the employees have immediate access to such products and/or related paraphernalia. Self-service displays are prohibited.
(b)
Advertising and display. Retailers regulated by this subsection shall comply with local, state and/or federal laws regarding sales, advertising or display of tobacco products, CBD oil and products, and electronic vaping devices and vape cartridges offered to the public for sale at retail, including, posting a sign prominently near the cash register or other point of sale, the legal age to buy such products and checking the identification of all purchasers to ensure they are of legal age.
(c)
Selling or exchange by minors prohibited. No minor shall engage in the sale of any tobacco product, CBD oil or product, electronic vaping device, or vape cartridge.
(d)
Sampling/sale/gift to minors prohibited. Sampling of any tobacco product, CBD oil or product, or electronic or vaping device, or vape cartridge by any minor is prohibited. No tobacco product, CBD oil or product, electronic vaping devices, or vape cartridge shall be sold or given to any minor.
(2)
Location requirements. Beginning May 7, 2024, no new certificate of occupancy shall be issued for any business that includes the retail sale of tobacco products, CBD oil or products, and/or electronic vaping devices or vape cartridges for any premises that is located within 1,000 feet of a parcel occupied by:
(a)
A public or private kindergarten, elementary, middle, junior high or high school;
(b)
A licensed child-care facility or preschool other than a family day-care facility;
(c)
A public playground; youth center or public recreational facility; or
(d)
Any other parcel where tobacco products, CBD oil or products, and/or electronic vaping devices or vape cartridges are offered for sale to the public at retail.
(3)
Interpretations. The provisions of this section shall be interpreted consistent with the requirement and restriction imposed under any applicable state or federal law.
F.
Gas stations, convenience stores and/or automotive repair facilities. These uses shall meet the following requirements:
(1)
Direct access to arterial streets required. All such uses shall have direct access to an arterial street.
(2)
Required additional landscape bufferyard when abutting residential zoning districts. When abutting a residential zoning district, these uses shall provide additional landscaping as specified by the Planning Commission at the time of site plan review and approval.
(3)
Screening of all loading, storage, and garbage or waste facilities. All loading, storage, and garbage or waste facilities shall be fully enclosed and screened from view as deemed appropriate by the Planning Commission. Under no circumstances, however, shall such requirements be less than those specified elsewhere in this chapter.
(4)
Architectural design. All uses of this type adjoining residential uses and residential zoning districts shall have pitched roofs matching the roof lines of adjoining residential structures. The buildings shall use the same architectural materials on all sides and be constructed of quality materials such as brick masonry, split face concrete block or stone.
(5)
Fuel pump location. Any fuel pumps, underground fuel storage tanks, and islands shall be at least 50 feet from any street or abutting lot line and meet all state and federal regulations.
(6)
Canopies. The canopies provided over pump islands shall meet the yard requirements of a principal structure. In addition:
(a)
Obstruction of visibility at rights-of-way prohibited. The canopy shall not block visibility at intersections of rights-of-way or drives.
(b)
Maximum height. Under no circumstances shall the canopy be higher than 16 feet.
(c)
Signs not permitted. No signs shall be permitted on canopy roofs or fascia; however, this requirement shall not prevent the use of distinctive color schemes on the canopy fascia, generally identified with the owner or operator.
(7)
Repair services. All repair services shall be performed within a completely enclosed building and shall meet the following requirements:
(a)
No more than the required off-street parking set forth under the provisions of § 455-38D shall be allowed.
(b)
All vehicles and parts storage shall be within the building or in an enclosed or screened-in yard.
(c)
The maximum allowable number of tow trucks which can be parked at the site shall be determined by the Planning Commission as a condition of approval of the special use permit.
(8)
Hours of operation. Hours of operation shall be established as part of the site plan review and approval process.
G.
Mini warehouses and other indoor storage facilities. These facilities shall meet the following requirements:
(1)
Required additional landscape bufferyard when abutting residential zoning districts. When abutting a residential zoning district, these uses shall provide additional landscaping as specified by the Planning Commission at the time of site plan review and approval.
(2)
Limitations on use of facilities. Such facilities shall be used only for the storage of materials or articles and shall not be used for assembly, fabrication, processing, or repair.
(3)
Services and sales activities prohibited. No services or sales shall be conducted from any storage unit. Garage sales and/or flea-market-type activities are prohibited.
(4)
Practice rooms, meeting rooms, and residences prohibited. Facilities shall not be used for practice rooms, meeting rooms, or residences.
(5)
Outdoor storage prohibited. No outdoor storage shall be permitted.
(6)
Storage of explosive or highly flammable material prohibited. Storage of explosive or highly flammable material shall be prohibited.
H.
Wireless telecommunications mobile service support structures and facilities.
[Amended 5-7-2019 by Ord. No. 1450]
(1)
Purpose and interpretation.
(a)
The purpose of this Subsection H is to regulate mobile service support structures and facilities to the extent permitted under Wis. Stat. § 66.0404 and other applicable state and federal laws and regulations. The regulations set forth in this subsection are reasonably necessary 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 the joint use of new and existing mobile service support structures and sites as a primary option rather than construction of additional single-use mobile service structures; encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; consider the public health and safety of mobile service structures; 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 of St. Francis shall give due consideration to the Comprehensive Smart Growth Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of mobile service support structures and mobile service facilities.
(b)
Nothing herein shall be construed to regulate or to authorize the regulation of mobile service facilities or mobile service support structures in a manner that is preempted or prohibited by Wisconsin Statutes § 66.0404 or other applicable laws.
(c)
The terms used in this Subsection H shall have the following meanings; provided, however, that 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 chapter and the amended language of the referenced section, the definition in the referenced section, as amended, shall control.
APPLICATION
A formal request, including all required and requested documentation and information, submitted by an Applicant to the City for a wireless permit.
APPLICANT
A person filing an application for placement or modification of a wireless telecommunications facility.
BASE STATION
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 a tower or any equipment associated with a tower.
COLLOCATION
The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
EXISTING TOWER OR EXISTING BASE STATION
A constructed tower or base station that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is an existing tower for purposes of this definition.
FCC
The Federal Communications Commission.
MOBILE SERVICE
As defined in 47 U.S.C. § 153, means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one-way and two-way radio communication services, (B) 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 (C) 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
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 who provides mobile service.
MOBILE SERVICE SUPPORT STRUCTURE
A freestanding structure that is designed to support a mobile service facility.
SITE
For towers other than towers in the public rights-of-way, means the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
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 the overall height of the structure by more than 20 feet.
[2]
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more.
[3]
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.
[4]
Increases 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.
TOWER
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 a "utility pole."
UNDERGROUND AREAS
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
A structure owned or operated by an alternative telecommunications utility, as defined in Wis. Stat. § 196.01(1d); public utility, as defined in Wis. Stat. § 196.01(5); telecommunications utility, as defined in Wis. Stat. § 196.01(10); political subdivision; or cooperative association organized under Wis. Stat. Ch. 185; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Wis. Stat. § 182.017(1g)(cq); for video service, as defined in Wis. Stat. § 66.0420(2)(y); for electricity; or to provide light. A tower is not a utility pole.
WIRELESS INFRASTRUCTURE PROVIDER
A person that owns, controls, operates, or manages a wireless telecommunications facility or portion thereof.
WIRELESS PERMIT or PERMIT
A permit issued pursuant to this Subsection H authorizing the placement or modification of a mobile service facility of a design specified in the permit at a particular location, the installation of any mobile service support structure, and/or modification of any existing support structure.
WIRELESS SERVICE PROVIDER
An entity that provides wireless services to end users.
WIRELESS TELECOMMUNICATIONS EQUIPMENT
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
A facility at a fixed location consisting of a base station, antennas and other accessory equipment, and a support structure and underground wiring, if any, associated with the base station.
(2)
Applicability. The provisions of this Subsection H shall apply to mobile service facilities in the City.
(3)
New mobile service support structures and mobile service facilities. The siting and construction of new mobile service support structures and mobile service facilities shall be subject to the following requirements:
(a)
Application process. The applicant shall submit a written application for a special use permit under the provisions of this Subsection H and said application shall include all of the following information:
[1]
The name and business address of, and the contact individual for, the applicant.
[2]
The location of the proposed support structure.
[3]
The location of the mobile service facility.
[4]
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.
[5]
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.
(b)
Fee. All applications shall be accompanied by a fee receipt from the City Clerk/Treasurer in the amount set out in the fee schedule resolution adopted by the Common Council from time to time. Costs incurred by the City in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be imposed shall be charged to the petitioner. Such fee shall not exceed the limits established by Wis. Stat. § 66.0404(4)(d).
(c)
Determination of completeness within 10 days of submittal. The City Engineer shall review the application and determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The City Engineer shall notify the applicant in writing within 10 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their applications as often as necessary until it is complete.
(d)
Requirements.
[1]
Before a new tower site is requested, all the existing tower facilities shall be considered and evaluated. If an existing facility cannot be used, a justification report, citing the reasons it cannot be used must be provided with the application as described in Subsection H(3)(a)[5].
[2]
No permit shall be granted under this subsection until the applicant has placed on file with the Zoning Administrator a certificate or certificates of insurance indicating that there is in effect general public liability insurance covering any damages arising out of the use or operation of the mobile service facility and mobile service support structure. Such insurance shall be in the minimal amount of $2,000,000 per person, $2,000,000 for each accident and $6,000,000 property damage. Said certificate or certificates of insurance shall be furnished to the Zoning Administrator annually or within 10 days of any request by the Zoning Administrator.
[3]
All new towers within the City shall be monopoles, which are defined as a smooth, tapered pole without stepped sections or guy wires, and shall be specified or plan approved by a structural professional engineer licensed in the State of Wisconsin. All wireless communications towers, antennas, and associated accessory structures and facilities shall be permanently anchored to the ground.
[4]
All new towers shall be constructed to a standard that permits the co-location of a minimum of three telecommunication company facilities on a single tower.
[5]
All mobile service facilities and mobile service support structures shall be removed from the site within 60 days of use termination by the mobile service provider. Each applicant shall provide a bond or letter of credit in a form satisfactory to the City Attorney, naming the City as beneficiary, in an amount determined by the City Engineer as being reasonably sufficient to ensure the complete removal of the mobile service facilities and, as nearly as practicable, restoration of the affected property upon which such mobile service facilities have been sited to its original condition. Where applicable, restoration shall include the removal of any tower and underground supports and appurtenances, mobile service facilities and related buildings, fences and driveways.
[6]
All mobile service support structures shall meet the following conditions and requirements:
[a]
The proposed mobile service support structure and related mobile service facilities shall not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport.
[b]
There shall be a setback of sufficient radius around the mobile service support structures that its collapse will be contained on the property and not affect regularly occupied buildings on the subject site.
[c]
No form of advertising shall be allowed on the antenna, mobile service support structure, base, framework or other buildings or facilities associated with the use.
[d]
All cable to and from the antenna and/or mobile service support structure shall be installed underground unless the antenna is mounted on a building where cable will go directly into the structure.
[e]
The site and all structures shall have monthly maintenance and an annual investigation of structural stability.
[f]
Attachments to a support structure shall be designed to be flush with the existing structure to the extent reasonably possible, shall be a color that matches the existing support structure and shall be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment shall be modified to match the new color.
[g]
The facilities will be served adequately by any required essential public facilities and services.
[h]
The facilities will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.
[i]
The facilities will not result in the destruction, loss, or damage of any points of visual interest, including views of waterways, open spaces, historic buildings or historic landscapes or cityscapes, architecturally significant structures, or other scenic views or natural, scenic, or historic feature of significant importance.
[j]
The facilities shall include such features as are reasonably protect persons and property from erosion, flooding, fire, noise, glare, falling debris or ice, or similar hazards.
[k]
The proposed facilities shall be in compliance with all applicable State of Wisconsin Statutes and Wisconsin Administrative Code provisions and requirements.
(e)
Exhibits. Exhibits of the proposed mobile service facilities and/or mobile support structure design, as well as the design of any building(s) and site, shall be attached to the permit document.
(f)
Site restrictions. Site restrictions shall be as follows:
[1]
The exterior of all buildings shall be architecturally compatible and consistent with surrounding buildings and structures and constructed in accordance with the plan approved by the Aesthetic Control Board and shall be neatly maintained at all times. Any deviation in color, material or architectural detail shall be returned to the Aesthetic Control Board for reapproval.
[2]
The mobile service facilities or mobile service support structure may not include offices, vehicle storage, or outdoor storage or broadcast studios; except for emergency purposes or other uses that are not needed to send or receive transmission as determined by the City.
[3]
A site grading and stormwater drainage plan shall be reviewed and approved by the City Engineer.
[4]
The applicant shall allow the sharing of any tower with three or more other service providers through the use of a collocation agreement. The holder of a permit under this Subsection H shall not make access to such tower, facilities and site economically unfeasible. If additional users demonstrate (through an independent arbitrator or other pertinent means) that the holder of a special use permit for an antenna support facility and site has made access to such antenna support facility and site economically unfeasible, then the special use permit for said facility shall become null and void. All towers and structures shall be designed structurally, electrically, and in all respects to:
[a]
Accommodate both the applicant's antennas and comparable antennas.
[b]
Allow for the future rearrangement of antennas upon the commercial communication tower or structure.
[c]
Accept antennas mounted at varying heights, provided that said heights do not exceed the maximum height approved or the height of the approved commercial communication tower or existing structure.
[5]
Buildings, enclosures, equipment and associated devices. All buildings, enclosures, equipment, and other associated devices ancillary to mobile service facilities shall be placed in close proximity to the base of the tower located on the wireless communications site. If the mobile service facility does not have a tower, any buildings, equipment, and/or other associated devices shall be placed in close proximity to the mobile service support structure. If the mobile services facility has a roof-mounted antenna support structure, an equipment enclosure may be located on the roof, provided that such enclosure is placed as unobtrusively as possible and in compliance with all applicable building codes and this chapter.
[a]
All buildings, enclosures, equipment, and other associated devices shall be kept locked at all times.
[b]
Each building, enclosure, equipment, and other associated device shall have a label attached to it. The label shall give the name, address, and telephone number of the person who should be contacted in the event of an emergency. The label required under this subsection shall be of a size and font size to permit it to be legible from behind any fencing required under this Subsection H.
[c]
The aggregate floor area of all buildings and enclosures shall not exceed 500 square feet per tower.
[d]
The total height of the structures shall not exceed 15 feet in height, and the construction materials shall consist of a brick exterior on all sides of the structures.
[6]
Backup electrical power generators, if provided, shall only be operated during electrical power outages and for testing and maintenance purposes. If the electrical power generator is located within 100 feet of a residential zoning district boundary line, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of not greater than 45 dB Ldn at the property line. Testing and maintenance of said electrical power generators shall only take place on weekdays between the hours of 9:00 a.m. and 5:00 p.m.
[7]
An "RF Safety Hazard" sign per ANSI Standard C95.2-1982, including descriptive wording or warning information at the user's option, shall be located on the tower and facilities where appropriate to create an awareness of a possible RF exposure to personnel. Sign lettering is recommended to conform to ANSI Z35.1-1972m while the yellow triangle shall conform to ANSI Z53.1-1979. ANSI Z35.1-1972 details construction guidance in the selection of finishes, illumination and placement.
[8]
Anticlimbing measures required. Towers shall be designed to prevent children and trespassers from climbing on those structures. Sufficient anticlimbing measures shall be incorporated into the facility to reduce the potential for trespass and injury. Ladder rungs on towers shall be placed a minimum of 20 feet above the ground.
[9]
Advertising and signage. No form of advertising or signage (other than warning or equipment information signage) shall be allowed on any mobile services facility or mobile service support structure. All signage shall be according to applicable City sign regulations in this Code. In addition, the following signs are hereby prohibited:
[a]
Any sign which, or any part of which, is in motion by any means, including fluttering or rotating, or other signs set in motion by movement of the atmosphere. This includes all flags (except that of the United States of America, State of Wisconsin, and City of St. Francis), pennants, whirling objects, banners, or other entities attached to strings or lines.
[b]
Inflatable advertising devices or signs.
[c]
Changeable copy and portable trailer signs, either fixed or moveable.
[d]
Banners which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted by the Common Council).
[e]
Statues and stuffed animals.
[f]
A sign on a motor vehicle or trailer parked on public or private property so as to be seen from the public right-of-way for more than three consecutive hours, which has attached thereto or located thereon any sign for the purpose of advertising a product or directing people to a business activity.
[10]
Security and fencing. The base of the tower and its associated accessory structures shall be enclosed and fenced by a security fence not less than six feet in height and secured so that it is not accessible by the general public. Fence design, materials, and colors shall reflect the character of the surrounding area as determined by the Planning Commission and Common Council. Electrical fencing is prohibited. All fencing shall meet the applicable fence requirements of this Code.
[11]
Landscaped buffer yard required. A buffer yard of plant materials of sufficient maturity and size (as determined by the Planning Commission) to immediately and effectively screen the equipment cabinets, structures, or buildings from public view and from adjacent properties shall be provided.
[a]
The minimum buffer yard shall consist of a landscaped strip at least 10 feet in width outside the entire perimeter of the wireless communications facility.
[b]
In locations where the visual impact of the tower would be minimal (as determined by the Planning Commission), the landscaping requirement may be reduced or waived with the approval of the Planning Commission.
[c]
Existing mature tree growth and natural land forms shall be preserved to the maximum extent possible. In some cases, when such towers are sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer yard.
[d]
All landscaping requirements detailed here shall be properly maintained in perpetuity.
[e]
The minimum size of plant materials used in the required buffer yard shall be as indicated below:
Plant Material Type | Minimum Plant Material Sizes |
|---|---|
Canopy trees | |
Single stem | 3-inch caliper |
Multistem clump | 12 feet tall |
Coniferous trees | 8 feet tall |
Understory trees | 2-inch caliper |
Shrubs | 3 feet tall |
[12]
Lighting. No mobile services facility or mobile services support structure shall be artificially illuminated unless required by the Federal Aviation Administration or other applicable authority. This subsection does not prohibit the use of motion detectors and associated lighting for security nor the use of full cutoff luminaire design outdoor lights when the wireless communication provider's personnel are present. This subsection is not intended, and shall not be construed, to prohibit any lighting required by any local, state, or federal law, rule, or regulation. If lighting is required by such law, rule, or regulation, the operator and owner shall choose the lighting which causes the least disturbance to the occupants of the adjacent properties.
[13]
Color and finish. All mobile service support structures and mobile service facilities shall be of a color that best allows them to blend into the surroundings so as to reduce visual obtrusiveness or to camouflage the tower and antennas. The use of grays, blues, and greens may be appropriate; however, each case shall be evaluated by the Planning Commission on an individual basis. All finishes shall be nonreflective.
[14]
No outdoor storage permitted. There shall be no outdoor storage of any vehicles, equipment, or other goods permitted in conjunction with mobile service facilities or mobile service support structure. This subsection does not apply to overnight storage of vehicles or equipment actively involved in the construction or repair of the wireless communications tower, antennas, and associated accessory structures and facilities.
[15]
Hazardous materials. There shall be no use of, generation of, storage of, or disposal of any hazardous materials on, under, about, or within the land in violation of any law or regulation in conjunction with wireless communications towers, antennas, and associated accessory structures and facilities.
[16]
Maintenance. All mobile service facilities and mobile service support structures shall be maintained in a clean, rust-free, sanitary, and safe manner and kept free from trash, refuse, and debris. In addition, all wireless communications towers, antennas, and associated accessory structures and facilities shall be maintained in accordance with all applicable local, state, and federal regulations. If the Zoning Administrator concludes that a mobile service facility and/or mobile service support structure fails to comply with such codes and regulations and constitute a danger to persons or property in the vicinity, the City Zoning Administrator shall notify the owner or operator of such fact. The notice shall be in writing and shall require the owner or operator to bring the facility into compliance with such codes and regulations within a time frame set forth by the Zoning Administrator but not to exceed 30 days of the date of service of the notice, whichever is earlier. If the owner or operator fails to obtain compliance within the time provided, the Zoning Administrator may, in addition to proceeding with any action to enforce a forfeiture for violation of this chapter or for each day of each violation, and/or pursuing injunctive relief, order the mobile service facility and/or mobile service support structure to be removed to the extent reasonably necessary to protect persons or property in the vicinity. The cost of removal shall be at the owner's expense.
[17]
Antennas on existing towers. The attachment of a new mobile service facility on an existing tower may be allowed to minimize adverse visual impacts associated with the proliferation and clustering of towers.
[18]
Electrical wiring. Electrical wiring shall be installed by a licensed electrical contractor and approved by the City's Electrical Inspector.
(g)
The applicant for any permit under this Subsection H, shall warrant the safety of the technology of the facilities and hold the City, its officers, agents, employees, and representatives harmless from any claims or losses to the City or its residents; including reasonable attorney fees, arising from, or related to the negligence, willful misconduct, or other fault of the wireless infrastructure provider and operator(s), and their employees, agents, or subcontractors with regard to the installation, operation, use, maintenance, repair, removal, or presence of such wireless telecommunications equipment and wireless telecommunications facility within the City.
(h)
In the case of the City leasing space for the placement of mobile service facilities, including the antenna or antenna structure, a separate lease agreement between the City and the wireless service provider shall be required.
(i)
Any other condition(s) recommended by the Planning Commission and approved by the Common Council subject to the limitations set forth in Wis. Stat. § 66.0404.
(4)
Modifications. Modification to an existing mobile service support structure and/or mobile service facility shall be subject to the following requirements:
(a)
Substantial modifications.
[1]
Application and review process. A substantial modification is regulated the same as a new mobile service support structure or mobile service facility, as described in Subsection H(3) above, except that the required construction plan shall describe the proposed modifications, rather than describe the new structure or facility.
(b)
Nonsubstantial modifications. Co-location of mobile service facilities on an existing support structure, where such co-location is not otherwise subject to the provisions of Subsection H(4)(a) above, shall be subject to the following:
[1]
Application information. 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:
[a]
The name and business address of, and the contact individual for, the applicant.
[b]
The location of the affected support structure.
[c]
The location of the proposed facility.
[2]
Review process. Applications involving nonsubstantial modifications shall, subject to the provisions of Wis. Stat. § 66.0404, be subject to the provisions of Subsection H(3) applicable to all applicants for a permit or to all mobile service facilities.
(c)
Fee. Any application shall be accompanied by a fee receipt from the City Clerk/Treasurer in the amount set forth in the fee resolution adopted by the Common Council. Costs incurred by the City in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the application and preparation of the conditions to be imposed shall be charged to the applicant. Such fee shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).
(d)
Completeness determination within five days. The City Engineer will determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The City Engineer will notify the applicant in writing within five days of receiving the application if it 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.
(5)
Determination. The granting of a permit under this Subsection H shall be equivalent to the granting of a special use permit, and shall be subject to the approval of the Common Council, which shall make a decision on the application within a reasonable time after a public hearing has been conducted; provided, however, that final action shall be taken within 90 days of receipt of a complete application unless the time extended by the applicant for applications subject to Subsection H(3) and within 45 days of receipt of a complete application for applications subject to Subsection H(4). Said decision shall be stated in writing and a copy made a permanent part of the City's records. If a permit is not granted, the reasons therefor will be included in such record.
(6)
Limitations upon authority. The review and action in the matter by the City shall be subject to the limitations imposed by Wis. Stat. § 66.0404(4). In the event the applicant believes the City has exceeded its authority in this regard, the applicant shall notify the Common Council in writing within 30 days of the decision complained of and the Common Council reserves the right to reconsider the matter, including but not limited by means of referral to the Planning Commission and/or Aesthetic Control Board as may be necessary, to ensure that applicable laws are followed.
(7)
Debris. Any debris arising from the permittee's use, whether arising from construction or at any time thereafter, must be promptly removed by the permittee. Debris remaining for more than five business days constitutes a violation of this subsection subject to the violations and penalties provisions of § 1-4 of this Code. Each day that the debris remains after such time constitutes a separate offense.
(8)
Changes or additions to plans. Subsequent change or addition to the approved plans or use shall first be submitted for approval to the Planning Commission and, if in the opinion of the Planning Commission such change or addition constitutes a substantial alteration, a public hearing before the Common Council shall be required and notice thereof be given pursuant to this chapter.
§ 455-46 Miscellaneous use regulations.
A.
Excavation or removal of soil. The stripping, excavating or other removing of soil for sale or other purpose shall not be done without first obtaining an erosion control permit in accordance with established requirements.[1]
[1]
Editor's Note: See Ch. 212, Construction Site Erosion Control.
B.
Satellite dishes and other antennas.
(1)
The total height of a building, and any antenna attached thereto shall be within the height as limited by § 455-57 and the Height District Map or the height restriction as designated in the property's respective zoning classification, whichever is most restrictive.
(2)
The total surface area of any antenna shall not exceed 60 square feet.
(3)
No such antenna shall be installed forward of the principal building on a lot (front yard).
(4)
No such antenna shall be installed in any areas required for setback, side yard or rear yard, as provided in this chapter.
C.
Storage of motor homes and recreational equipment.
(1)
Storage on private property. Any owner of recreational equipment as defined herein may park or store such equipment on residential property owned or occupied by him, subject to the following conditions:
(a)
Recreational equipment parked or stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes.
(b)
If the recreational equipment is parked or stored outside of a garage, it shall be subject to the following:
[1]
There shall be a minimum setback of 25 feet from any public street or highway.
[2]
It shall be parked or stored in the rear yard.
[3]
It shall be parked or stored no closer than three feet to a side or rear lot line, except that if the recreational equipment is parked or stored adjacent to a residential building, the minimum setback requirement shall be 10 feet if there is any obstruction of view from adjacent residential property.
(c)
Notwithstanding the provisions of Subsection C(1)(b) above, recreational equipment may be parked anywhere on the premises for loading or unloading purposes for a period of not more than 48 hours.
(d)
All recreational equipment shall be kept in good appearing condition. There shall be no parking or storage anywhere in a residential zoned district of derelict equipment. The ground area under and immediately surrounding where such recreational equipment is stored shall be maintained free of noxious weeds, debris or overgrowth.
(2)
Certain storage prohibited.
(a)
The parking or storage of a motor home is specifically prohibited in any residential zoned district.
(b)
No person owning, or having custody of, any abandoned or junked motor home or recreational equipment or accessories shall store or permit them to remain on any private property within the City for a period of more than 30 days, and no person owning any private property in the City, as determined from the tax assessment records of the City, shall store or permit to remain any such equipment or accessories on his property for a period of more than 30 days. Such storage is hereby declared to be a public nuisance and may be abated or removed and penalties imposed as provided in this chapter. No such person shall be deemed to have violated this subsection until the expiration of the seventy-two-hour period provided for below.
(c)
After notification to remove any motor home or abandoned or junked recreational equipment has been given to the individual, he shall not move the item(s) to any other private property upon which such storage is forbidden or onto any public highway or other public property without constituting a continuation of the violation.
(3)
Exceptions. These provisions shall not apply to any motor home, recreational equipment or accessories stored within an enclosed building, or on the premises of a business enterprise operated in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers, provided that such vehicles are stored in rear yard areas. Such business enterprises shall include auto junkyards, auto repair and auto body shops but shall not include automobile service stations or tire, battery and accessory sales stores.
(4)
Enforcement.
(a)
Investigation. The Building Inspector, upon receipt of a complaint, may investigate a suspected violation of these storage provisions and record necessary information such as the make, model, style, identification number and location.
(b)
Initial notice of removal. Whenever the Building Inspector shall find or be notified that any motor home or abandoned or junked recreational equipment has been stored or permitted to remain on any private property within the City in violation of the terms of this chapter, the Building Inspector shall send, by certified mail, a seventy-two-hour notice to the owner of record of such item(s), if such owner can be ascertained by the exercise of reasonable diligence, and also to the owner of the private property, as shown on the tax assessment records, to remove such motor home or abandoned or junked recreational equipment within 30 days.
(5)
Authority for removal.
(a)
If the motor home or abandoned or junked recreational equipment is not removed within the time period specified, the Building Inspector is hereby authorized to requisition, at City expense, a private towing company to remove it to a lawful place of storage and/or issue citations for ordinance violations in accordance with the City's currently adopted schedule of fines. Each day shall constitute a separate violation.
(b)
The towing company shall assume full responsibility for any item(s) removed under the terms of this section and may dispose of the same in any manner it deems desirable.
D.
Unsightly or unsanitary storage. No manure, rubbish, salvage material or miscellaneous refuse may be stored in the open within any district when the same may be construed as a menace to the public health or safety or may fairly be held to have a depressing influence upon the property values in the neighborhood. Regular salvage and junkyards shall be adequately enclosed with a fence and a planting screen and shall be required to hide unsightly storage. Planting screens shall be thick-growing evergreen trees.
E.
Utility locations.
(1)
The following public utility uses may be located in any zoning district: telephone, telegraph and power transmission poles and lines and necessary mechanical appurtenances, including equipment housing, structures and towers; provided, however, that when a utility proposes a main intercity transmission facility, it shall give notice to the Planning Commission and Common Council of such intention and of the date of hearing before the Public Service Commission and before construction shall file with the Planning Commission and Common Council a mapped description of the route of such transmission lines. Wireless telecommunication facilities are excluded from the terms of this provision and are separately regulated under § 455-45H.
(2)
Public utility installations other than those listed in Subsection E(1) above which have existed in residential districts prior to October 6, 1964, shall be permitted uses in such districts; provided, however, that any additions to or replacements of such existing installations shall be subject to approval by the Planning Commission as to location, building and site plan, and plan of operation.
(3)
Public utility installations other than those listed in Subsection E(1) and (2) above may be located in any district; however, the location of such facility in a residential district shall be subject to the approval of the Planning Commission and the following requirements shall be complied with:
(a)
The location of such facility must be reasonably necessary for the public convenience and welfare.
(b)
Any building or structure, except an enclosing fence, shall be set back at least 50 feet from any property line.
(c)
Such facility shall be enclosed by a protective fence.
(d)
Open space on the premises shall be suitably landscaped and maintained.
(e)
The storage of vehicles and equipment on the premises shall be prohibited.
(f)
The surrounding area shall not be adversely affected and shall be protected from noise, odor, glare, dust, fumes, gas, smoke and vibration by such suitable means as the Planning Commission may specify.
F.
Vehicle sales lot. Specifically excluded from all uses with the exception of motor vehicle sales are the accessory sales of new or used vehicles, automobiles, trucks, snowmobiles, motorcycles, mopeds, boats or other vehicles of a similar nature. Also excluded is the preparation of such vehicles for sale on another premises.