Suamico City Zoning Code
§ 18.19
Telecommunication Towers.
(1)
Purpose. The purpose of this section is as follows:
(a)
To allow necessary radio, television, cellular, and other wireless communication facilities.
(b)
To encourage joint use of new and existing structures.
(c)
To minimize visual impact on surrounding properties, particularly residential.
(d)
To encourage the location of towers in nonresidential areas and minimize the total number of towers within the Village.
(2)
Applicability. The requirements of this section shall apply to all telecommunication towers and antennas, except that towers and antennas that are under 70 feet in height and are owned and operated by federally-licensed amateur radio station operators or are receive-only antennas shall be exempt from this section.
(3)
Antennas.
(a)
Permitted Use. Installing an antenna on an existing structure (including a tower) shall be a permitted use in all zoning districts provided the antenna adds no more than 20 feet to the height of the existing structure.
(b)
Design. If an antenna is installed on a structure other than a tower, the antenna and supporting equipment must be of a neutral color that is identical, or closely compatible with, the color of the supporting structure in order to limit visual impact.
(4)
Telecommunication Towers.
(a)
Permitted Uses. Telecommunication towers which do not exceed the maximum building height requirement for the district in which they are located shall be allowed as a permitted use in all districts.
(b)
Conditional Uses. Telecommunication towers which exceed the maximum building height requirement for the district in which they are located shall only be permitted as a conditional use in the AG-Agriculture, Public Lands and Institutions, B-Business District, HB-Highway Business, I1-Industrial District (Limited), and I2-Industrial District.
(c)
Utilizing Existing Structures. A conditional use permit for a new telecommunication tower shall not be granted unless the applicant demonstrates that the telecommunications equipment planned for the new tower cannot be accommodated on an existing or approved tower or structure. Such demonstration may include one or more of the following reasons:
1.
No existing towers or structures are located within the geographic area required to meet the 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 the structural capacity to support the applicant's proposed antenna and related equipment and the existing tower or structure cannot be reinforced, modified, or replaced to accommodate planned equipment at a reasonable cost.
4.
The planned equipment would cause interference affecting the usability of other existing or planned equipment at the tower or the existing antennas would cause interference with the applicant's proposed antenna and the interference cannot be prevented at a reasonable cost.
5.
The fees, costs, or contractual provisions required by the owner to share an existing tower or structure or adapt and existing tower.
(d)
Accommodation of Other Users. Any proposed telecommunication tower shall be designed, structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(e)
Federal Requirements. All telecommunication towers must meet the current standards and regulations of the FAA, FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and relations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with the 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 revised standards and regulations shall constitute grounds for the removal of the tower or antenna by the governing authority at the owner's expense.
(f)
Construction. All telecommunication towers constructed, erected, or located within the Village shall comply with all applicable state and local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.
(g)
Design. All new and modified telecommunication towers and associated accessory structures shall be designed, to the extent possible, to blend in with the surrounding environment, except as may be required by rules of the FAA and FCC.
(h)
Lighting. Telecommunication towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, it shall be designed to cause the least disturbance to surrounding views as possible.
(i)
Setbacks. Telecommunication towers and associated structures shall meet the required setbacks for the district in which they are located. In addition, towers shall be set back a distance equal to the height of the tower from any off-site residential building.
(j)
Signs. No signs, other than warning or equipment information signs, shall be located on any telecommunication tower.
(k)
Security. The base of the telecommunication tower shall be fenced with materials impervious to sight and secured so that it is not accessible by the general public.
(5)
Conditional Use Permits. If a conditional use permit is required by this section, the applicant shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation or information deemed necessary by the Village to assess compliance with the requirements and purpose of this section and code. Any information of an engineering nature that the applicant submits shall be certified by a licensed professional engineer.
(6)
Removal of Abandoned Antennas and Towers. Any antenna or telecommunication tower that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of such antenna or tower shall remove them within 90 days of receipt of notice from the Village notifying the owner of such abandonment. If the antenna or tower is not removed within the ninety-day period, the Village may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease operation.