In order to accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community, these regulations are necessary in order to:

(a)

Facilitate the provision of wireless telecommunication services to the residents and businesses of the city;

(b)

Minimize adverse visual effects of towers through careful design and siting standards;

(c)

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements;

(d)

Maximize the use of existing towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community and encourage co-location; and

(e)

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

(Ord. No. 2012-105, § 17.15(a), 6-25-2012)

As used in this section of the zoning ordinance, the following terms shall have the meanings indicated:

Antenna means any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, digital signals, radio frequencies, wireless telecommunications signals, including, but not limited to, directional antennas, such as panel(s), microwave and satellite dishes, and omni-directional antennas, such as whip antennas.

Co-location means the location of multiple antennas of more than one commercial wireless communication service provider or governmental entity on a single tower or alternative tower structure.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

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 said highest point is an antenna.

Personal communications service (PCS) means a provider of personal wireless service facilities as now defined in Section 704 of the Telecommunications Act of 1996, 47 U.S.C. par. 332, and as the same may be amended from time to time.

Personal wireless facilities means transmitters, antenna structures and other types of installations used to provide personal wireless services.

Pre-existing towers shall mean any towers existing before the effective date of this article.

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 personal communication service towers, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

Tower site means the area encompassing a tower and all supporting equipment, structures, paved or graveled areas, fencing and other items used in connection with said tower.

Wireless telecommunication services means licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.

(Ord. No. 2012-105, § 17.15(b), 6-25-2012)

(a)

A telecommunication antenna system that requires construction of a new tower or co-location on an existing tower not previously granted a special exception will require the petitioner to apply for a special exception. Proposed telecommunication towers are only allowed in agricultural zoning districts.

(b)

Plan commission findings and recommendations. After conducting necessary conferences the plan commission may recommend to the city council that the special exception for a tower be granted, subject to stated stipulations and conditions, or disapproved.

(c)

The city council, after holding a public hearing for the tower may grant the special exception, subject to stated stipulations and conditions, or deny the special exception.

(d)

Exceptions to a special exception would apply to the following circumstances, subject to application for a building permit:

(1)

Water towers or other municipally owned structures, provided a license or lease authorizing such antenna has been approved by the common council.

(2)

Pre-existing tower granted a special exception prior to the effective date of this article.

(Ord. No. 2012-105, § 17.15(c), 6-25-2012)

(a)

A zoning permit shall be required prior to commencement of work on any antennas or supporting structures exceeding 60 feet in height. Application for a zoning permit shall be made to the zoning administrator by the owner or the owner's authorized representative. A zoning permit shall be issued by the administrator when all the following requirements are met. All plans, calculations, and specifications shall be dated. Plan submittal shall include the state plan approval application (SBD 118) or equivalent, plus the following information:

(1)

Except as provided below, all plans, calculations and specifications shall be prepared, signed and sealed by an architect or engineer registered in Wisconsin. Plans, calculations and specifications shall show compliance with all state and local codes.

Exception: Plans, calculations and specifications may be prepared by an architect or engineer registered outside the State of Wisconsin provided:

a.

The plans, calculations and specifications shall bear the signature and seal or stamp of a registered architect or engineer; and

b.

A certificate dated, signed and sealed by an architect or engineer registered in Wisconsin is attached to the plans, calculations and specifications. The certificate shall indicate the plans, calculations and specifications were prepared in a state other than Wisconsin by an architect or professional engineer registered in that state, describe the work performed by the Wisconsin registered architect or engineer, and include statements to the effect that plans and specifications have been reviewed and comply with all applicable local and state building codes, and the reviewing architect or engineer will be responsible for the supervision of construction.

(2)

When antennas and supporting towers are submitted to the state for examination, two sets of plans bearing the state approval stamp and copies of all approval correspondence shall be included with submittals to the inspections supervisor.

(3)

Plan submittal shall include an intermodulation study that provides technical evaluation of existing and proposed transmissions and indicates all potential interference problems. No new telecommunications service shall interfere with public safety telecommunications.

(4)

Construction or installation of antennas or supporting structures exceeding 60 feet in height shall be supervised by a Wisconsin registered architect or engineer in the manner called out in the Wisconsin Building Code ILHR 50.10. A compliance statement shall be provided by the supervising professional upon completion of the project.

(5)

Plans must describe tower height and design, including a cross-section and evaluation. The plans shall also describe the number, height and mounting positions for co-location antennas.

(b)

For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of a tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

(Ord. No. 2012-105, § 17.15(d), 6-25-2012)

All towers constructed after March 26, 2012 or wireless telecommunication antennas affixed to buildings shall comply with the following requirements:

(a)

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities.

(b)

Wireless telecommunication service towers shall be of a monopole design unless the city determines that an alternative design would better blend into the surrounding environment.

(c)

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.

(d)

The placement of wireless telecommunication antennas on roofs or walls shall include submittal of a report prepared by a qualified and licensed professional engineer indicating the existing structure's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

(e)

Towers shall not be artificially lighted, unless required by the FAA or the city. 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. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.

(f)

Towers shall be set back a distance equal to twice the height of the tower from any residential structure.

(g)

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

(h)

Tower sites shall be enclosed by security fencing and shall be equipped with an appropriate anti-climbing device sufficient to deter the general public from obtaining access to the site.

(i)

The following site plan review requirements shall govern landscaping surrounding towers:

(1)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower site from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the security fencing.

(2)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

(3)

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.

(j)

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

(k)

All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment.

(l)

All towers shall be shielded, filtered and grounded to meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal and state government with the authority to regulate towers and antennas so as to minimize the possibility of interference with locally received transmissions.

(Ord. No. 2012-105, § 17.15(e), 6-25-2012)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence must be submitted to demonstrate that the telecommunications equipment cannot be accommodated on an existing or approved tower or building within a one-mile search radius (one-half mile search radius for towers under 120 feet in height, one-quarter mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:

(a)

The planned equipment would exceed the structural capacity of the existing tower or building, as documented by a licensed professional engineer, and the existing tower cannot be reinforced, modified or replaced.

(b)

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. This interference would have to be documented by a licensed professional engineer. Documentation would have to show that the interference cannot be prevented at a reasonable cost.

(c)

Existing towers and buildings within the search radius are not of sufficient height to function reasonably as documented by a licensed professional engineer.

(d)

The fees, costs or contractual provisions required by the owner in order 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.

(Ord. No. 2012-105, § 17.15(f), 6-25-2012)

(a)

Any proposed telecommunication tower and tower site shall be designed, structurally, electrically and in all respects to accommodate co-location of both the applicant's antenna(s) and comparable antenna(s), for at least two additional users. Towers and tower sites shall be designed to allow for future rearrangement of antennas upon the tower, to accept antennas mounted at varying heights and to accommodate supporting buildings and equipment on the antenna site.

(b)

The holder of a special exception for a tower shall not make co-location on the tower and tower site for the additional users economically unfeasible. If additional user(s) demonstrate (through an independent arbitrator or other pertinent means) that the holder of a tower permit has made co-location on such tower and tower site economically unfeasible, then the tower permit shall become null and void.

(Ord. No. 2012-105, § 17.15(g), 6-25-2012)