Waukesha City Zoning Code

22.21 Regulation

Of Cell Phone Transmission Towers

PURPOSE. 2013 Wisconsin Act 20 modified the regulatory powers of local governments in regard to cell phone towers. The law specifies the manner in which a political subdivision can use zoning to regulate cell phone towers. Sec. 66.0404 Wis. Stats., which codifies relevant parts of 2013 Act 20, provides the manner in which a city can use zoning to regulate cell phone towers and provides for specific regulations that a political subdivision may not apply. This ordinance sets forth the City’s regulatory authority in accordance with sec. 66.0404 Wis. Stats.
APPLICABILITY. The City’s regulatory power extends to three types of projects, all for the installation of types of cell phone transmission facilities.
1. Projects requiring construction of a new tower.
2. Projects requiring substantial modification of an existing tower and facilities, but not construction of a new tower. Projects of this type are referred to as “class 1 collocation.”
3. Projects requiring neither construction of a new tower, nor substantial modification of an existing tower and facilities. Projects of this type are referred to as “class 2 collocation.”
DEFINITIONS. The definitions contained in sec. 66.0404(1) Wis. Stats. are hereby adopted and incorporated by reference.
SITING AND CONSTRUCTION OF ANY NEW MOBILE SERVICE SUPPORT STRUCTURE AND FACILITIES OR THE SUBSTANTIAL MODIFICATION OF AN EXISTING SUPPORT STRUCTURE AND MOBILE SERVICE FACILITIES (CLASS 1 COLLOCATION).
1. Conditional Use Permit Required. A conditional use permit is required for the siting and construction of a new mobile service support structure and facility and/or the substantial modification of an existing support structure and mobile service facilities (class 1 collocation) and is subject only to the conditions set forth in this ordinance.
2. Applications for Permits.
  1. Applications for a permit shall be provided by the Office of Community Development. Applications shall be completed and filed with the Office of Community Development and shall include the following information:
    1. Name and business address and contact information for the applicant.
    2. Location of the proposed or affected support structure.
    3. The location of the proposed mobile service facility.
    4. If the application substantially modifies an existing support structure, a construction plan which describes the proposed modification 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 a proposed mobile service support structure and equipment 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 the 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 the individual who has responsibility over the placement of the mobile service support structure, attesting that collocation within the applicants search ring would not result in the same mobile service functionality, coverage and capacity; is technically unfeasible or is economically burdensome to the mobile service provider.
    7. If an applicant submits an application for a permit to engage in an activity described in this ordinance, which contains all the information required under a. through f. above, the Office of Community Development shall consider the application complete. If the Office of Community Development does not believe the application complete, the Office of Community Development shall notify the applicant in writing within ten (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. Referral to Plan Commission.
  1. If the application is complete as determined by the Office of Community Development, the matter shall be referred to the Plan Commission for its review.
  2. Within ninety (90) days of its receipt of a complete application, the Plan Commission shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Plan Commission may agree in writing to an extension of the ninety (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 deny the application.
    3. Notify the applicant, in writing, of its final decision.
    4. If the decision is to deny application, include with the written notification substantial evidence which supports the decision.
  3. The Plan Commission may deny 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 (4)A.1.f.
  4. If an applicant provides the Plan Commission 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 Plan Commission provides the applicant with substantial evidence that the engineering certification is flawed.
  5. The fee for the permit shall be established under the procedure set forth in sec. 22.66 of this Code and shall comply with sec. 66.0404(4)(d)2., Wis. Stats.
COLLOCATION ON EXISTING SUPPORT STRUCTURES (CLASS 2 COLLOCATION).
1. A permit is required for a class 2 collocation. A class 2 collocation is a permitted use but still requires the issuance of a permit.
2. Applications for a permit shall be provided by the Office of Community Development. Applications shall be made and filed with the Office of Community Development and shall include the following information.
  1. Name and business address and contact information for the applicant.
  2. Location of the proposed or affected support structure.
  3. The location of the proposed mobile service facility.
3. 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.
4. If an applicant submits an application to the Planning Department for a permit to engage in a class 2 collocation and the application contains all of the information required by 5.B., the Office of Community Development shall consider the application complete. If the required information is not in the application, the Office of Community Development shall notify the applicant in writing, within five (5) 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.
5. Within forty-five (45) days of its receipt of a complete application, the zoning administrator 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 forty-five (45) day period:
  1. Make a final decision whether to approve or deny 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 deny application, include with the written notification substantial evidence which supports the decision.
6. The fee for the permit shall be established under the procedure set forth in sec. 22.66 of this Code and shall comply with sec. 66.0404(4)(d)1., Wis. Stats.
SURETY. A performance bond shall be required in the amount of twenty thousand dollars ($20,000) prior to the issuance of a permit under this section to insure that the requirements of this ordinance are maintained by the permittee.

(Rep. & recr. #66-01) (Rep. & recr. #11-14)

Waukesha City Zoning Code

22.21 Regulation

Of Cell Phone Transmission Towers

PURPOSE. 2013 Wisconsin Act 20 modified the regulatory powers of local governments in regard to cell phone towers. The law specifies the manner in which a political subdivision can use zoning to regulate cell phone towers. Sec. 66.0404 Wis. Stats., which codifies relevant parts of 2013 Act 20, provides the manner in which a city can use zoning to regulate cell phone towers and provides for specific regulations that a political subdivision may not apply. This ordinance sets forth the City’s regulatory authority in accordance with sec. 66.0404 Wis. Stats.
APPLICABILITY. The City’s regulatory power extends to three types of projects, all for the installation of types of cell phone transmission facilities.
1. Projects requiring construction of a new tower.
2. Projects requiring substantial modification of an existing tower and facilities, but not construction of a new tower. Projects of this type are referred to as “class 1 collocation.”
3. Projects requiring neither construction of a new tower, nor substantial modification of an existing tower and facilities. Projects of this type are referred to as “class 2 collocation.”
DEFINITIONS. The definitions contained in sec. 66.0404(1) Wis. Stats. are hereby adopted and incorporated by reference.
SITING AND CONSTRUCTION OF ANY NEW MOBILE SERVICE SUPPORT STRUCTURE AND FACILITIES OR THE SUBSTANTIAL MODIFICATION OF AN EXISTING SUPPORT STRUCTURE AND MOBILE SERVICE FACILITIES (CLASS 1 COLLOCATION).
1. Conditional Use Permit Required. A conditional use permit is required for the siting and construction of a new mobile service support structure and facility and/or the substantial modification of an existing support structure and mobile service facilities (class 1 collocation) and is subject only to the conditions set forth in this ordinance.
2. Applications for Permits.
  1. Applications for a permit shall be provided by the Office of Community Development. Applications shall be completed and filed with the Office of Community Development and shall include the following information:
    1. Name and business address and contact information for the applicant.
    2. Location of the proposed or affected support structure.
    3. The location of the proposed mobile service facility.
    4. If the application substantially modifies an existing support structure, a construction plan which describes the proposed modification 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 a proposed mobile service support structure and equipment 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 the 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 the individual who has responsibility over the placement of the mobile service support structure, attesting that collocation within the applicants search ring would not result in the same mobile service functionality, coverage and capacity; is technically unfeasible or is economically burdensome to the mobile service provider.
    7. If an applicant submits an application for a permit to engage in an activity described in this ordinance, which contains all the information required under a. through f. above, the Office of Community Development shall consider the application complete. If the Office of Community Development does not believe the application complete, the Office of Community Development shall notify the applicant in writing within ten (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. Referral to Plan Commission.
  1. If the application is complete as determined by the Office of Community Development, the matter shall be referred to the Plan Commission for its review.
  2. Within ninety (90) days of its receipt of a complete application, the Plan Commission shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Plan Commission may agree in writing to an extension of the ninety (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 deny the application.
    3. Notify the applicant, in writing, of its final decision.
    4. If the decision is to deny application, include with the written notification substantial evidence which supports the decision.
  3. The Plan Commission may deny 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 (4)A.1.f.
  4. If an applicant provides the Plan Commission 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 Plan Commission provides the applicant with substantial evidence that the engineering certification is flawed.
  5. The fee for the permit shall be established under the procedure set forth in sec. 22.66 of this Code and shall comply with sec. 66.0404(4)(d)2., Wis. Stats.
COLLOCATION ON EXISTING SUPPORT STRUCTURES (CLASS 2 COLLOCATION).
1. A permit is required for a class 2 collocation. A class 2 collocation is a permitted use but still requires the issuance of a permit.
2. Applications for a permit shall be provided by the Office of Community Development. Applications shall be made and filed with the Office of Community Development and shall include the following information.
  1. Name and business address and contact information for the applicant.
  2. Location of the proposed or affected support structure.
  3. The location of the proposed mobile service facility.
3. 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.
4. If an applicant submits an application to the Planning Department for a permit to engage in a class 2 collocation and the application contains all of the information required by 5.B., the Office of Community Development shall consider the application complete. If the required information is not in the application, the Office of Community Development shall notify the applicant in writing, within five (5) 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.
5. Within forty-five (45) days of its receipt of a complete application, the zoning administrator 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 forty-five (45) day period:
  1. Make a final decision whether to approve or deny 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 deny application, include with the written notification substantial evidence which supports the decision.
6. The fee for the permit shall be established under the procedure set forth in sec. 22.66 of this Code and shall comply with sec. 66.0404(4)(d)1., Wis. Stats.
SURETY. A performance bond shall be required in the amount of twenty thousand dollars ($20,000) prior to the issuance of a permit under this section to insure that the requirements of this ordinance are maintained by the permittee.

(Rep. & recr. #66-01) (Rep. & recr. #11-14)

Waukesha City Zoning Code

22.21 Regulation

Of Cell Phone Transmission Towers

PURPOSE. 2013 Wisconsin Act 20 modified the regulatory powers of local governments in regard to cell phone towers. The law specifies the manner in which a political subdivision can use zoning to regulate cell phone towers. Sec. 66.0404 Wis. Stats., which codifies relevant parts of 2013 Act 20, provides the manner in which a city can use zoning to regulate cell phone towers and provides for specific regulations that a political subdivision may not apply. This ordinance sets forth the City’s regulatory authority in accordance with sec. 66.0404 Wis. Stats.
APPLICABILITY. The City’s regulatory power extends to three types of projects, all for the installation of types of cell phone transmission facilities.
1. Projects requiring construction of a new tower.
2. Projects requiring substantial modification of an existing tower and facilities, but not construction of a new tower. Projects of this type are referred to as “class 1 collocation.”
3. Projects requiring neither construction of a new tower, nor substantial modification of an existing tower and facilities. Projects of this type are referred to as “class 2 collocation.”
DEFINITIONS. The definitions contained in sec. 66.0404(1) Wis. Stats. are hereby adopted and incorporated by reference.
SITING AND CONSTRUCTION OF ANY NEW MOBILE SERVICE SUPPORT STRUCTURE AND FACILITIES OR THE SUBSTANTIAL MODIFICATION OF AN EXISTING SUPPORT STRUCTURE AND MOBILE SERVICE FACILITIES (CLASS 1 COLLOCATION).
1. Conditional Use Permit Required. A conditional use permit is required for the siting and construction of a new mobile service support structure and facility and/or the substantial modification of an existing support structure and mobile service facilities (class 1 collocation) and is subject only to the conditions set forth in this ordinance.
2. Applications for Permits.
  1. Applications for a permit shall be provided by the Office of Community Development. Applications shall be completed and filed with the Office of Community Development and shall include the following information:
    1. Name and business address and contact information for the applicant.
    2. Location of the proposed or affected support structure.
    3. The location of the proposed mobile service facility.
    4. If the application substantially modifies an existing support structure, a construction plan which describes the proposed modification 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 a proposed mobile service support structure and equipment 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 the 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 the individual who has responsibility over the placement of the mobile service support structure, attesting that collocation within the applicants search ring would not result in the same mobile service functionality, coverage and capacity; is technically unfeasible or is economically burdensome to the mobile service provider.
    7. If an applicant submits an application for a permit to engage in an activity described in this ordinance, which contains all the information required under a. through f. above, the Office of Community Development shall consider the application complete. If the Office of Community Development does not believe the application complete, the Office of Community Development shall notify the applicant in writing within ten (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. Referral to Plan Commission.
  1. If the application is complete as determined by the Office of Community Development, the matter shall be referred to the Plan Commission for its review.
  2. Within ninety (90) days of its receipt of a complete application, the Plan Commission shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Plan Commission may agree in writing to an extension of the ninety (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 deny the application.
    3. Notify the applicant, in writing, of its final decision.
    4. If the decision is to deny application, include with the written notification substantial evidence which supports the decision.
  3. The Plan Commission may deny 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 (4)A.1.f.
  4. If an applicant provides the Plan Commission 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 Plan Commission provides the applicant with substantial evidence that the engineering certification is flawed.
  5. The fee for the permit shall be established under the procedure set forth in sec. 22.66 of this Code and shall comply with sec. 66.0404(4)(d)2., Wis. Stats.
COLLOCATION ON EXISTING SUPPORT STRUCTURES (CLASS 2 COLLOCATION).
1. A permit is required for a class 2 collocation. A class 2 collocation is a permitted use but still requires the issuance of a permit.
2. Applications for a permit shall be provided by the Office of Community Development. Applications shall be made and filed with the Office of Community Development and shall include the following information.
  1. Name and business address and contact information for the applicant.
  2. Location of the proposed or affected support structure.
  3. The location of the proposed mobile service facility.
3. 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.
4. If an applicant submits an application to the Planning Department for a permit to engage in a class 2 collocation and the application contains all of the information required by 5.B., the Office of Community Development shall consider the application complete. If the required information is not in the application, the Office of Community Development shall notify the applicant in writing, within five (5) 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.
5. Within forty-five (45) days of its receipt of a complete application, the zoning administrator 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 forty-five (45) day period:
  1. Make a final decision whether to approve or deny 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 deny application, include with the written notification substantial evidence which supports the decision.
6. The fee for the permit shall be established under the procedure set forth in sec. 22.66 of this Code and shall comply with sec. 66.0404(4)(d)1., Wis. Stats.
SURETY. A performance bond shall be required in the amount of twenty thousand dollars ($20,000) prior to the issuance of a permit under this section to insure that the requirements of this ordinance are maintained by the permittee.

(Rep. & recr. #66-01) (Rep. & recr. #11-14)