The keeping of homing, sporting and show pigeons in lofts shall be a permitted use in each zoning district of the city upon compliance with section 8-105 of the Code of Ordinances.

(Ord. of 11-11-2014(4), § 1)

(a)

A permit for a new fence, fence replacement, or addition to an existing fence is required.

(b)

An application for a fence permit shall be made to the zoning administrator who shall evaluate the application and make a recommendation regarding its approval to the city council, which shall grant or deny a permit. An application fee, if any, shall be as stated in the city's fee schedule.

(c)

Each structural and decorative member of a fence shall be compatible in size, material and appearance with the remainder of the fence.

(d)

No fence is allowed to fall into a state of disrepair, including but not limited to the following: fallen or missing portions of fence; a vertical lean to the fence of 20 degrees or more; broken, rotted or rusted portions of fence; other state of substantially flaked paint, faded stain, or other significant factor of poor appearance that causes an eyesore.

(e)

Fence permits may contain conditions deemed necessary for the public safety, health and general welfare as determined by the zoning administrator and approved by the city council.

(f)

A fence permit application shall be prepared by the zoning administrator and approved for use by the city council. Applicants shall be provided with information regarding the requirements for fences that are contained within this Code.

(Ord. of 6-14-2016(4), § 1)

(a)

Portable storage container means any portable storage container, storage unit, semi-trailer, storage pod, shed-like container, or other portable structure, that can be, or is used for the enclosed storage of personal property of any kind. Portable storage container does not include any non-portable structures such as garages and/or sheds, trailers designed for hauling recreational vehicles, trailers and/or shanties designed for ice fishing, job trailers on a construction site, campers, and tents.

(b)

Portable storage containers shall be allowed in the R-1, R-2, R-3, C-1, and C-2 zoned districts provided that the following conditions are met:

(1)

A portable storage container shall not exceed ten feet in width, 20 feet in length, and ten feet in height.

(2)

A portable storage container shall be set back ten feet from any property line and ten feet from the nearest structure.

(3)

A portable storage container shall not encroach or be placed on any public right-of-way or sidewalk.

(4)

A portable storage container shall be permitted on the property for no longer than 60 days per calendar year.

(5)

There shall be no more than one portable storage container per lot.

(6)

A portable storage container shall be placed on asphalt, concrete, or other, similar hard-paved surface.

(c)

Portable storage containers shall be permitted as a conditional use in I-1 and I-2 zoned districts provided the following conditions are met:

(1)

A portable storage container shall be set back ten feet from any property line and ten feet from the nearest structure.

(2)

A portable storage container shall not encroach or be placed on any public right-of-way or sidewalk.

(3)

No portable storage container shall be located within 100 feet of a residence district boundary line, unless the portable storage container is effectively screened from such residence district by a wall, decorative wood fence, or densely-planted compact hedge, no less than six feet nor more than eight feet in height.

(Ord. of 3-12-2024(3), § 1)

(a)

In all districts there shall be provided at the time any building or structure is erected or structurally altered, off-street parking spaces in accordance with the following requirements:

(b)

All seating capacity shall be determined by the state industrial commission code whenever there is any doubt or conflict.

(Code 1986, § 10.08(1))

In any commercial or industrial district, off-street loading and unloading space shall be provided, in addition to the required off-street parking area, for every building used for commercial or industrial purposes. An individual loading space shall be at least 12 feet wide by 45 feet long and have a minimum high clearance of 14 feet. No building for commercial or industrial purposes shall hereafter be erected or placed on a lot in a manner requiring servicing directly from the abutting public street.

(Code 1986, § 10.08(2))

(a)

This section applies in areas of the city zoned R-1, R-2 and R-3.

(b)

A permit is not required for the parking of vehicles in the interior of an accessory building, such as a garage, or in a driveway.

(c)

A permit is required for any person to park a vehicle in any off-street area that is exterior to an accessory building and not a driveway.

(1)

An application for an off-street parking permit shall be made to the zoning administrator who shall evaluate the application and make a recommendation regarding its approval to the city council, which shall grant or deny a permit. An application fee, if any, shall be as stated in the city's fee schedule.

(2)

The off-street parking permit application form shall be prepared by the zoning administrator and approved for use by the city council.

(3)

The area permitted for off-street parking must be surfaced with a dustless all-weather material such as blacktop, concrete or other material as approved by the zoning administrator.

(4)

The use of an area permitted for off-street parking contributes to the total amount of lot area used relative to any zoning bulk limitation.

(5)

The use of an area permitted for off-street parking must comply with the same setback requirements that would apply to an accessory building.

(6)

No surface material of an area permitted for off-street parking is allowed to fall into a state of disrepair, including but not limited to, substantial break up or disintegration of the surfacing material.

(d)

For the purposes of this section, "vehicles" shall include, but is not limited to each of the following whether or not it is on a trailer, if any: automobiles; boats; personal watercraft; snowmobiles; motorcycles; motorized scooters, mini-bikes or trail-bikes; motor homes; tent-campers or travel trailers; tractors; and all-terrain or utility-terrain vehicles.

(Ord. of 6-14-2016(2), § 2; Ord. of 9-13-2016(5); § 2)

The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements for any other building.

(Code 1986, § 10.12(1))

No yards, now or hereafter provided for a building existing on the effective date of the ordinance from which this article is derived, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this article for equivalent new construction.

(Code 1986, § 10.12(2))

The following shall not be considered to be obstructions when located in the required yards; however, accessory uses and permitted obstructions shall not, in the aggregate, occupy more than 50 percent of any required yard:

(1)

All yards. Open terraces not over two feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 24 inches or less into the yard; recreational and laundry-drying equipment; arbors and trellises; flag poles, fences and walls not exceeding six feet in height above natural grade level; and open-type fences exceeding five feet in height, but not more than eight feet in height, provided that visibility at right angles to any surface of such fence not be reduced by more than 50 percent.

(2)

Front yards. One-story bay windows projecting three feet or less into the yard; overhanging eaves and gutters projecting three feet or less into the yard; and fuel, air and water pumps in conjunction with automobile service stations, provided they shall be set back at least 15 feet from the front lot line.

(3)

Rear yards. Open off-street parking spaces; balconies; fallout shelters; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.

(4)

Side yards. Overhanging eaves and gutters projecting 18 inches or less into the yard; and fuel, air and water pumps in conjunction with automobile service stations, provided they shall be set back at least 15 feet from the side lot line.

(Code 1986, § 10.12(3))

Every residential building hereafter erected on a lot or parcel of land created subsequent to the effective date of the ordinance from which this article is derived shall provide a lot or parcel of land having not less than 7,800 square feet of area and having an average minimum width of not less than 75 feet, however, in any residence district, on a lot of record on the effective date of the ordinance from which this article is derived, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this article are complied with.

(Code 1986, § 10.13)

No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(Code 1986, § 10.14(1))

No detached accessory building or buildings shall occupy more than 50 percent of the area of a required yard.

(Code 1986, § 10.14(2))

No detached accessory building or structure shall exceed 20 feet.

(Code 1986, § 10.14(3))

(a)

On a reversed corner lot in a residence district, and within 15 feet of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to two-thirds the least depth which would be required under this article for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory buildings shall be located within ten feet of the part of a rear lot line which coincides with the side lot line or portion thereof of property in any residence district.

(b)

No accessory building shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reversed corner lot which is adjacent to the street.

(Code 1986, § 10.14(4))

The common council shall enforce this division by means of withholding building permits, injunctive action or forfeiture according to this Code.

(Code 1986, § 10.21(4))

No person shall build, construct or place or cause to be built, constructed or placed any outdoor home satellite communication receiving dish in the city without first obtaining a uniform building permit. Such building permit shall be furnished by the city. A copy of such permit issued shall be filed with the city clerk/treasurer. A permit shall be automatically revoked if the project set forth in the permit is not completed within one year from the date of issuance of the permit.

(Code 1986, § 10.21(1))

The building permit fee shall be determined by the common council and on file in the city clerk/treasurer's office.

(Code 1986, § 10.21(2))

(a)

A dish shall be located in a rear yard or side yard, only, and shall meet all rear yard setback and side yard setback requirements of the zoning district in which the dish is located.

(b)

A dish shall be composed of material that is noncombustible, resistant to corrosion; and a dish shall be securely mounted to withstand minimum wind velocities of 80 miles per hour.

(c)

All electrical lines, cables and conduits running to and from a dish shall be buried underground.

(d)

A dish which interferes with radio and/or television reception is hereby declared a nuisance and the owner of the dish shall take prompt action to correct the problem.

(Code 1986, § 10.21(3))

(a)

The use of a temporary structure contributes to the total amount of lot area used relative to any zoning bulk limitation.

(b)

The use of a temporary structure must comply with the same setback requirements that would apply to an accessory building.

(c)

No temporary structure is allowed to fall into a state of disrepair, including but not limited to the following: fallen or missing portions of the structure; a vertical lean to the structure of 20 degrees or more; broken, rotted or rusted portions of the structure; substantially flaked paint or faded materials; or other significant factor of poor appearance that causes an eyesore.

(Ord. of 6-14-2016(1), § 2; Ord. of 9-13-2016(6), § 2)

(a)

Definitions. The following words, terms and phrases when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative tower structure means manmade structures such as elevated tanks, electric utility transmission line towers, nonresidential buildings and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. Freestanding signs are not considered to be alternative tower structures.

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

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Governing authority means the governing authority of the city.

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.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, alternative tower structures, and the like but does not include mobile towers covered in § 55-361 of this Code.

The definitions contained within Wis. Stats. § 66.0406(1) and as from time to time amended are hereby incorporated into this Code as if fully set forth herein.

(b)

Public health and safety objectives. The purpose of this section is to establish general guidelines for the siting of towers and antennas. The public health and safety objectives of this section are to:

(1)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the city;

(2)

Strongly encourage the joint use of new and existing tower sites;

(3)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the city is minimal;

(4)

Encourages users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

(5)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

(6)

Pursuant to Wis. Stats. § 66.0406(2) this division reflects the minimum practical regulation that is necessary to accomplish the city's public health and safety objectives. Furthermore, this division shall reasonably accommodate radio broadcast services and does not prohibit or have the effect of prohibiting such services in the city.

(c)

Aesthetics and lighting. The guidelines set forth in this section shall govern the location of all towers, and the installation of all antennas:

(1)

Towers shall maintain a galvanized steel finish, or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(2)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and as-built or planned environment.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting, alternatives, and approve the design that would cause the least disturbance to the surrounding views.

(5)

Towers and antennas shall not be used for displaying any advertising. If FCC rules require that the owner's name be shown on the tower or antenna, it shall be posted no more than six feet above ground on a placard no larger than 1½ square feet.

(d)

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna by the governing authority at the expense of the tower or antenna owner, or at the expense of the property owner in the case where the owner of the tower or antenna is leasing the property upon which the tower or antenna is installed.

(e)

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state and local building codes, and industry standards for towers that are published and amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within 30 days, the governing authority may remove such tower at the expense of the tower or antenna owner, or at the expense of the property owner in the case where the owner of the tower or antenna is leasing the property upon which the tower or antenna is installed.

(f)

Height limitations. The requirements set forth in this section shall govern the location of towers that exceed, and antennas that are installed at, a height in excess of the height limitations specified for each zoning district.

(g)

Amateur radio, receive-only antennas. This Section shall not govern any tower, or the installation of any antenna, that is under 50 feet in height and is owned and operated by a federally licensed amateur radio station operator or used exclusively as a receive only antenna.

(h)

Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of the Ordinance from which this section is derived shall not be required to meet the requirements of this section. Any such towers or antennas shall be referred to in this article as a pre-existing tower or a pre-existing antenna.

(i)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within 90 days, the governing authority may remove such antenna or tower at the expense of the tower or antenna owner, or at the expense of the property owner in the case where the owner of the tower or antenna is leasing the property upon which the tower or antenna is installed. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(j)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses and shall require a zoning permit. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use of a structure.

(k)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the city an inventory of its existing towers that are either within the jurisdiction of the city, or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The city may share such information with other applicants applying for administrative approvals or permits pursuant to this section, or other organizations seeking to locate antennas within the jurisdiction of the city; however, the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(l)

Permitted uses.

(1)

Generally. The uses listed in this section are deemed to be permitted uses and shall not require a zoning permit. Nevertheless, all such uses shall comply with this section and all other applicable provisions.

(2)

Specific permitted uses. The following uses are specifically permitted:

a.

Installing an antenna on an existing alternative tower structure, so long as the additional antenna adds no more than 20 feet to the height of the existing structure; and

b.

Installing an antenna on an existing tower of any height, including a pre- existing tower, and further including the placement of additional buildings or other supporting equipment used in connection with the antenna, so long as the addition of the antenna adds no more than 20 feet to the height of the existing tower.

(m)

Zoning permits.

(1)

Generally. The following provisions shall govern zoning permits issued pursuant to this section:

a.

If the tower or antenna is not a permitted use, then a zoning permit shall be required prior to construction of any tower, or the placement of any antenna. See also chapter 55 zoning and planning, article II administration, division 4 permits.

b.

Towers and antennas needing a permit may only be located in non- residential type zoning districts.

c.

If a zoning permit is granted, the city may impose conditions to the extent that the city concludes such conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.

d.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical shall be certified by a licensed professional engineer.

(2)

Information required. Each applicant requesting a zoning permit pursuant to this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this section.

(3)

Factors considered in granting zoning permits. The governing authority shall consider the following factors in determining whether to issue a zoning permit, although the city may waive or reduce the burden on the applicant of one or more of these criteria if the city concludes that the goals of this section are better served thereby:

a.

Height of the proposed tower and/or antenna.

b.

Capacity of the tower structure for additional antenna equipment to accommodate expansion or to allow for co-location of another provider's equipment.

c.

Proximity of the tower to residential structures and residential district boundaries.

d.

Nature of uses on adjacent and nearby properties.

e.

Surrounding topography.

f.

Surrounding tree coverage and foliage.

g.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

h.

Proposed ingress and egress.

i.

Availability of suitable existing towers and other structures.

(n)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the city that no existing tower or structure can reasonably accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can reasonably accommodate the applicant's proposed antenna may consist of but is not limited to any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

The fees, costs, or contractual provisions required by the owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(o)

Setbacks and fall zone requirements. The following setbacks and fall zone requirements shall apply to all towers and antennas for which a zoning permit is required:

(1)

Towers must be set back a distance at least equal to the height of the tower from any off-site residential structure, or any parcel of land zoned as a residential-type zoning district.

(2)

Towers, guys, and accessory facilities must satisfy the minimum zoning district requirements, with the exception of height.

(3)

Vision triangles shall be maintained as specified in section 43-124 of this Code.

(p)

Denial of placement, construction, or modification of facilities. If the city denies a request by any person to place, construct, or modify a broadcast tower the denial shall be based only on the city's public health or safety concerns. The city shall provide the requester with a written denial and shall provide the requester with substantial written evidence which supports the reasons for the city's action.

(Ord. of 11-13-2018(3), § 3)

(a)

Purpose. The purpose of this division is to regulate by zoning permit:

(1)

The siting and construction of any new mobile service support structure and facilities;

(2)

With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and

(3)

With regard to a class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

(b)

Authority. The city has the specific authority under Wis. Stats. §§ 62.23 and 66.0404 to adopt and enforce this division.

(c)

Adoption of ordinance. This ordinance [from which this division derived] provides for the regulation by zoning permit:

(1)

The siting and construction of any new mobile service support structure and facilities;

(2)

With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and

(3)

With regard to a class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

(d)

Definitions. The definitions contained within Wis. Stats. § 66.0404(1) and as from time to time amended are hereby incorporated into this division as if fully set forth herein.

(e)

Siting and construction of any new mobile service support structure and facilities.

(1)

Application process.

a.

A city zoning permit is required for the siting and construction of any new mobile service support structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the city obtainable with this permit. See also chapter 55 zoning and planning, article IV conditional uses of this Code.

b.

A written permit application must be completed by any applicant and submitted to the city. 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.

c.

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.

d.

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.

e.

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 collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation 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.

f.

A permit application will be provided by the city upon request to any applicant.

g.

If an applicant submits to the city an application for a permit to engage in an activity described in this division, which contains all of the information required under this division, the city shall consider the application complete. If the city does not believe that the application is complete, the city shall notify the applicant in writing, within ten 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.

h.

Within 90 days of its receipt of a complete application, the city shall complete all of the following or the applicant may consider the application approved, except that the applicant and the city may agree in writing to an extension of the 90-day period:

1.

Review the application to determine whether it complies with all applicable aspects of the city's building code and, subject to the limitations in this section, zoning ordinances.

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.

i.

The city may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under paragraph (e)(1)e.

j.

If an applicant provides the city 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 set back or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the city provides the applicant with substantial evidence that the engineering certification is flawed.

k.

The fee for the permit is $3,000.00.

(f)

Class 1 collocation.

(1)

Application process.

a.

A city zoning permit is required for a class 1 collocation. A class 1 collocation is a conditional use in the city obtainable with this permit. See also chapter 55 zoning and planning, article IV conditional uses of this Code.

b.

A written permit application must be completed by any applicant and submitted to the city. 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.

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 collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation 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.

A permit application will be provided by the city upon request to any applicant.

d.

If an applicant submits to the city an application for a permit to engage in an activity described in this division, which contains all of the information required under this division, the city shall consider the application complete. If the city does not believe that the application is complete, the city shall notify the applicant in writing, within ten 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 90 days of its receipt of a complete application, the city shall complete all of the following or the applicant may consider the application approved, except that the applicant and the city may agree in writing to an extension of the 90-day period:

1.

Review the application to determine whether it complies with all applicable aspects of the city's building code and, subject to the limitations in this section, zoning ordinances.

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.

f.

The city may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under paragraph (f)(1)b.6.

g.

If an applicant provides the city 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 set back or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the city provides the applicant with substantial evidence that the engineering certification is flawed.

h.

The fee for the permit is $3,000.00.

(g)

Class 2 collocation.

(1)

Application process.

a.

A city zoning permit is required for a class 2 collocation. A class 2 collocation is a permitted use in the city but still requires the issuance of the city permit. See also chapter 55 zoning and planning, article II administration, division 4 permits.

b.

A written permit application must be completed by any applicant and submitted to the city. 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.

c.

A permit application will be provided by the city upon request to any applicant.

d.

A class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.

e.

If an applicant submits to the city an application for a permit to engage in an activity described in this division, which contains all of the information required under this division, the city shall consider the application complete. If any of the required information is not in the application, the city 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.

f.

Within 45 days of its receipt of a complete application, the city shall complete all of the following or the applicant may consider the application approved, except that the applicant and the city may agree in writing to an extension of the 45-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.

g.

The fee for the permit is $500.00.

(h)

Setbacks and fall zone requirements. The following setbacks and fall zone requirements shall apply to all mobile towers for which a permit is required:

(1)

Mobile towers must be set back a distance at least equal to the height of the tower from any off-site residential structure, or any parcel of land zoned as a residential-type zoning district.

(2)

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.

(3)

Vision triangles shall be maintained as specified in section 43-124 of this Code.

(Ord. of 11-13-2018(3), § 4)