Saint Joseph Town Saint Croix County
City Zoning Code
City Zoning Code
ARTICLE XIV
Antennas, Mobile Service Facilities and Mobile Service Support Structures
§ 170-75 Purpose.
The purpose of this article is to:
A.
Accommodate communication, radio and television generation needs while protecting the public health, safety and welfare.
B.
Minimize adverse visual impacts of the associated ground structures with screening requirements.
C.
Minimize adverse impacts of such structures on the value of nearby property.
§ 170-76 General provisions.
A.
Applicability.
(1)
The following regulations and standards apply to all mobile support structures and facilities in all zoning districts unless otherwise provided in this section.
(2)
Subject to § 170-77B and C below, mobile support structures and radio and television broadcasting studios are permitted in all zoning districts, upon approval of a conditional use permit. Pursuant to Wis. Stats., § 66.0404(4)(n), the Town shall not limit the duration of any such approved conditional use permit.
B.
Mobile support structures in Floodplain Overlay District. St. Croix County enforces its floodplain zoning ordinance in Section 17.40.[1] In addition, the placement of electrical and mechanical equipment in a floodplain is regulated by § SPS 321.33(5), Wis. Adm. Code, of the state's construction standards. Nothing in this article shall alter or affect the obligations arising from any of those provisions.
[1]
Editor's Note: See now St. Croix County Code of Ordinances, Land Use and Development, Ch. 18, Floodplain Zoning.
C.
Mobile support structures in the public right-of-way. No mobile support structure or its structural components shall be erected or temporarily placed within any road or highway or its right-of-way.
D.
Mobile support structures exempt from regulation. The following mobile support structures and facilities are exempt from regulation under this article:
§ 170-77 Conditional use permit process.
A.
Conditional use permit required. A conditional use permit is required for a new mobile support structure and facilities, a Class 1 co-location or a Class 2 co-location.
B.
Conditional use permit application for a mobile support structure and facilities, a Class 1 co-location or a Class 2 co-location.
(1)
A properly completed application for a permit for a new mobile support structure and facilities or Class 1 co-location shall be made to the Zoning Administrator upon forms furnished by the Town.
(2)
The application must be signed by both the property owner and the applicant or his/her agent.
(3)
The following information shall be provided for new mobile support structures and facilities and Class 1 co-locations:
(a)
A site plan prepared and certified by a professional engineer which shows the location of the mobile support structure and facilities, lot or parcel boundaries, the associated equipment on the ground, fencing, landscaping, lighting, access driveway and public road.
(b)
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 application did not choose co-location. The explanation must include a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting to one of the following:
(c)
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 that will be placed on or around the new mobile service support structure.
(d)
If the application is for a Class 1 co-location, which would 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 that are associated with the proposed modifications.
(e)
A permit fee.
C.
Permit decision and appeal process for new mobile support structures and facilities or Class 1 co-locations.
(1)
If an applicant submits to the Zoning Administrator an application for a permit for a new mobile support structure and facilities of Class 1 co-location, which contains all of the information required under this chapter, it shall be considered complete.
(2)
If the Zoning Administrator does not believe that the application is complete, the applicant will be notified 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.
(3)
Within 90 days of receipt of a complete application, the Town Board shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator may agree in writing to an extension of the 90-day period:
(a)
Review the application to determine whether it complies with all applicable aspects of the building code and, subject to the limitations in this article, zoning ordinances.
(b)
Make a final decision whether to approve or disapprove the application.
(c)
Notify the applicant, in writing, of the final decision.
(d)
If the application is approved, issue the applicant the conditional use permit.
(e)
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
D.
Permit decision and appeal process for Class 2 co-location.
(1)
If an applicant submits to the Zoning Administrator an application for a permit for a Class 2 co-location, which contains all of the information required in the application, the Zoning Administrator shall consider the application complete.
(2)
If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(3)
Within 45 days of receipt of a complete application, the Town Board shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator may agree in writing to an extension of the 45-day period:
(a)
Make a final decision whether to approve or disapprove the application.
(b)
Notify the applicant, in writing, of the final decision.
(c)
If the application is approved, issue the applicant the conditional use permit.
(d)
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
§ 170-78 Standards.
A.
Setbacks. The setback for mobile service support structures and facilities shall meet the provision of this chapter.
B.
Aeronautical safety. The Town may disapprove an application involving creation of a new mobile support structure where both of the following are true:
(1)
The height of the new structure exceeds 200 feet, measured from the ground level at its site; and
(2)
The new structure would extend into air space [protected by 47 CFR 17.7(b)] that is above an imaginary surface extending outward and upward at any of the following slopes:
(a)
100 to one for a horizontal distance of 6.10 kilometers (20,000 feet) from the nearest point of the nearest runway of any airport with at least one runway more than 0.98 kilometer (3,200 feet) in actual length, excluding heliports.
(b)
50 to one for a horizontal distance of 3.05 kilometers (10,000 feet) from the nearest point of the nearest runway of any airport with its longest runway no more than 0.98 kilometer (3,200 feet) in actual length, excluding heliports.
(c)
25 to one for a horizontal distance of 1.52 kilometers (5,000 feet) from the nearest point of the nearest landing and takeoff area of any heliport.
C.
Removal of mobile support structure and facilities. Any mobile support structure and facilities which are not used for the use for which the permit was granted for 12 consecutive months must be removed and the site restored within three months. The site shall be restored to its original condition and anchoring elements shall be removed from the ground to a depth of at least eight feet below grade. If removal and restoration are not completed, the Town is authorized to complete the removal and site restoration and charge the cost to the performance bond.
D.
Performance requirements.
(1)
A performance bond in a form acceptable to the Zoning Administrator shall be submitted at the time of the application to provide for the removal of the mobile support structure and facilities. The bond shall be a maximum of $20,000.
(2)
The structures on the ground shall be screened with six-foot-high coniferous trees to provide 80% capacity at maturity.
(3)
The bottom of the mobile support structure and facilities from ground level to 12 feet above ground shall be designed to prevent unauthorized climbing and shall be enclosed with a minimum six-foot-high chain-link fence with a locked gate.
(4)
Security lighting shall be downward directed and shielded to keep light within the boundaries of the site.
(5)
Adequate parking shall be provided for maintenance and repair vehicles.
(6)
A written acknowledgement from the landowner of a leased site that they will abide by the applicable conditions of the land use permit, including the restoration and reclamation requirements in this article.
(7)
Installation of the wireless mobile support structure and facilities shall comply with the manufacturer's specifications.
(8)
New mobile support structure and facilities shall provide space for at least two co- locations.
E.
Prohibitions.
(1)
No wireless communication facility shall be artificially illuminated unless required by the FCC or FAA.
(2)
A temporary mobile transmission facility site is not permitted except in the case of equipment failure, equipment testing, equipment replacement, or emergency and prior authorization is obtained from the Zoning Administrator. Use of a temporary site for testing purposes shall be limited to 24 hours, and the use of the temporary site for equipment failure, equipment replacement or emergency shall be limited to 30 days unless extended for good cause in writing by the Zoning Administrator.
(3)
There shall only be one mobile support structure and facilities on a parcel of land.
F.
Completion deadline.
(1)
Wireless mobile support structure and facilities construction authorized by a conditional use permit issued under this article shall commence within one year from the date of approval and be substantially completed or implemented within two years.
(2)
Applicants can request extensions of one or both deadlines, for periods up to six months, from the Zoning Administrator.
(3)
The total time granted for extensions shall not exceed six years.
G.
Permit revocation. Where the terms or conditions on any conditional use permit for wireless mobile support structure and facilities are violated, the permit may be revoked by the Zoning Administrator.
H.
Biennial report. The mobile support structure and facilities owner shall submit, each even-numbered year on or before January 31, a transmission facility information report, on a Town-provided form. The report shall detail the use, maintenance and condition of the wireless mobile support structure and facilities. The report shall be accompanied by a two-year renewal of the performance bond in a form acceptable to the Zoning Administrator in an amount sufficient to provide the removal of the wireless mobile support structure and facilities. The bond amount is a maximum of $20,000.
I.
Safety inspection. If the Town has reason to believe that a wireless mobile support structure and facilities is a safety risk, it may require the permit holder to perform an inspection by a registered engineer and provide a copy of the report to the Zoning Administrator within 60 days of notice by the Town that an inspection is required.