Zoning Department

W I R E L E S S    C O M M U N I C A T I O N S    F A C I L I T Y    O R D I N A N C E

....................................................

16.5          WIRELESS COMMUNICATION FACILITIES 

16.5001                      STATUTORY AUTHORIZATION, PURPOSE, FINDING OF FACT 

1)      Statutory Authorization.  This ordinance is adopted pursuant to the authorization contained in Section 59.69 of the Wisconsin Statutes.

2)      Statement of purpose.  The purpose of the regulations and requirements of this ordinance are to: 

a)      Accommodate the communication needs of the residents and businesses while protecting the public health, safety and general welfare;

b)      Facilitate the provision of wireless communication facilities through careful siting and design standards;

c)      Minimize adverse visual effects of wireless communication facilities through careful siting and design standards;

d)      Avoid potential damage to adjacent properties from the construction and operation of wireless communication facilities through structural standards and setback requirements; and

e)      Maximize the use of existing and approved towers, buildings or structures to accommodate new wireless communication antennas to reduce the number of towers needed to serve the industry. 

16.5002                      JURISDICTION 

1)      This ordinance shall be effective in every town in Marquette County, in which it has received approval pursuant to Section 59.69, Wisconsin State Statutes.

2)      This ordinance shall apply to Shorelands, as the term is defined by Marquette County Shoreland Zoning Ordinance No. 16.1. 

16.5003                      APPLICABILITY 

1)      Preexisting Towers and Antennas.  Any tower or antenna in existence prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance, other than the requirements of Sections 16.5004 (1), (2) and (5).  Any addition to a preexisting tower or antenna shall comply with all applicable requirements of this ordinance.

2)      Amateur Radio; Receive-Only Antennas.  This ordinance shall not govern the installation of any tower of antenna that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive only antennas.  Commercial antennas attached to such a tower or any tower modification made for the purpose of accommodating such an antenna shall comply with all applicable requirements of this ordinance. 

16.5004                      GENERAL PROVISIONS 

1)      All towers and antennas shall comply with all FCC and FAA rules and regulations.

2)      Design and installation of all towers and antennas shall comply with the manufacturer’s specifications and with ANS/TIA/EIA standards.  Plans shall be approved and stamped by a professional engineer registered in the State of Wisconsin.

3)      Leased Sites: Written authorization for siting the wireless communication facilities from the property owner must be provided as set forth in Section 16.5008 (5).

4)      All wireless communication facilities must be adequately insured for injury and property damage.  Proof of insurance with the county named, as an additional insured shall be provided.

5)      All unused towers and antennas must be removed within 12 months of cessation of operation or use, unless the Zoning Administrator provides a written exemption.  After the facilities are removed, the site shall be restored to its original condition or as close as possible and anchoring elements shall be removed to within 4-feet of ground level.  If removal and/or restoration is not completed within 90-days of the expiration of the 12-month period specified herein, the County is authorized to complete the removal and site restoration and the cost shall be assessed against the property as a special assessment.

6)      Proposals to erect new towers and antennas shall be accompanied by any required federal, state or local agency licenses or applications for such licenses.

7)      Only one tower is permitted on a parcel of land.  Applications to place multiple towers upon a single parcel shall require credible evidence that collocation is not practical.  Any application for multiple towers shall require a hearing before the Board of Adjustment. 

8)      Towers shall be self-supporting monopoles or lattice towers except where satisfactory evidence is submitted to the Board of Adjustment that a guyed tower is required. 

16.5005                      PROHIBITIONS 

1)      No temporary mobile communication sites are permitted except in the case of equipment failure, equipment testing, equipment replacement or in the case of emergency situations.  Placement of temporary equipment shall be limited to 90-days unless extended in writing by the Zoning Administrator.

2)      No advertising message/sign shall be affixed to any tower or antenna.

3)      Towers shall not be artificially illuminated unless required by FCC or FAA regulations.

4)      No part of any tower or antenna except for guy wires and anchors shall extend beyond the fenced enclosure required under Section 16.5007 (5).

5)      No tower shall be over 300-feet in height. 

16.5006                      DISTRICT REQUIREMENTS 

1)      Commercial, General Purpose, Prime Agriculture and General Agriculture Districts 

a)      The following are permitted with a zoning permit issued under this ordinance and Section 16.0108:

A.     Antennas attached to an existing tower or structure and not extending more than 20-feet above the highest point of the tower or structure.

b)      The following are permitted with a special exception permit issued under this ordinance and Section 16.0103:

A.     Antennas attached to an existing tower or structure extending more than 20-feet above the highest point of the tower or structure.

B.     Any new tower. 

2)      Agriculture-Residential, Resource Protection, Residential, Multiple Family Residential, Recreational, Planned Development and Rural Center Districts. 

a)      The following are permitted with a special exception permit issued under this ordinance and Section 16.0103:

A.     Antennas attached to an existing tower or structure extending more than 20-feet above the highest point of the tower or structure.

b)      No other towers or antennas are permitted in these districts. 

3)      Shoreland and Floodplain Districts. 

a)      The following are permitted with a special exception permit issued under this ordinance and Section 16.0103:

A.     Antennas attached to an existing tower or structure extending more than 20-feet above the highest point of the tower or structure.

c)      No other towers or antennas are permitted in these districts. 

16.5007                      PERFORMANCE STANDARDS 

1)      General.  Except as provided in this ordinance, all wireless communication facilities shall meet the requirements of the zoning district in which they are to be located. 

2)      Setbacks and Separation.

a)      Tower structures shall be setback from the property line a distance equal to the height of the tower.  The setback may be reduced to one-half the height of the tower if the applicant submits a report stamped by a professional engineer registered in the State of Wisconsin that certifies that the tower is designed to collapse upon failure within the distance from the tower to the property line and the reduced setback is approved by the Board of Adjustment.

b)      Towers shall not be located within 500-feet of any residence other than the residence on the parcel on which to tower is to be located. 

3)      Collocation/Sharing of Facilities.

a)      No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant’s proposed antenna.  Supporting evidence may consist of any of the following conditions:

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

B.     Existing towers or structures are not of sufficient height and/or strength to meet the applicant’s engineering requirements.

C.     The applicant’s proposed system would cause electromagnetic interference with the existing system or the existing system would interfere with the applicant’s.

D.     The fees, cost, 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 are considered reasonable if they conform to standards of the industry or do not exceed the cost of new tower development.

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

b)      New towers shall be designed structurally and electrically to accommodate the applicant’s antenna and comparable antennas for at least 2 additional users, and shall be capable of being extended to a minimum height of 190 feet or the FAA allowed maximum for the site.  Towers must also be designed to allow for future rearrangement of antennas on the tower and accept antennas mounted at different heights.

c)      The holder of a permit for a tower shall allow collocation for at least 2 additional users and shall not make access to the tower and tower site for the additional users economically unfeasible.  If additional user(s) demonstrate (through an independent arbitrator or other pertinent means, with the cost to be shared by the holder of the permit and the proposed additional user) that the holder of a tower permit has made access to such tower and tower site economically unfeasible, then the permit shall become null and void. 

4)      Screening and Landscaping.  The tower location shall provide for the maximum amount of screening of the facilities.  The site shall be landscaped and maintained with a buffer of plant materials that effectively screens the view of all tower accessory structures, equipment and improvements at ground level from adjacent properties.  The standard buffer shall consist of a landscaped strip at least 4-feet wide outside the perimeter of the area where tower accessory structures and equipment are located at ground level.  It shall be the permit holder’s responsibility to maintain the buffer area.  In locations where the visual impact of the tower would be minimal the landscaping requirement may be reduced or waived by the governing authority. 

5)      Camouflaged towers and related facilities are encouraged and may be required in historical, environmental or other sensitive areas as determined by the Zoning Administrator. 

6)      Security Fencing, Lighting and Signs.

a)      All towers shall be reasonably protected against unauthorized access. 

b)      Security lighting for on-ground facilities is permitted, as long as it is shielded to keep light within the site.

c)      Signs shall be mounted on the fenced enclosure, on or adjacent to the gate prohibiting unauthorized entry, warning of the danger from electrical equipment and/or unauthorized climbing of the tower.  It shall also identify the owner of the tower and a telephone contact number in case of emergency. 

7)      Parking and Access.  Adequate parking spaces shall be provided on each site so that parking on public road right-of-way will not be necessary.  Any new access shall require approval by the Highway Commissioner.  

16.5008                      PERMIT REQUIREMENTS 

1)      The construction or installation of any wireless communication facilities requires a zoning permit or special exception permit under this ordinance. 

2)      Zoning Permits.  Uses and facilities permitted under this ordinance may be authorized by the Zoning Administrator upon the submittal and approval of a properly completed application for a zoning permit. 

3)      Special Exception Permits.  Uses and facilities requiring a special exception permit under this ordinance may be authorized by the Board of Adjustment upon the submittal and approval of a properly completed application and public hearing. 

4)      Applications.  All applications for zoning permits and special exceptions for new wireless communication facilities shall include the following information: 

a)      A report stamped by a professional engineer registered in the State of Wisconsin and other professionals which:

A.     Certifies that a detailed engineering soils report has been completed and the design of the tower foundation is based on that report.

B.     Describes the tower height and design, including cross-section, elevation and foundation design.

C.     Certifies the facilities compliance with structural and electrical standards.

D.     Describes the tower’s capacity, including the potential number and type of antennas it can accommodate.

E.      Identifies the location of all sites that were considered as possible alternative to the proposed site.

F.      Describes the lighting to be placed on the tower if required by the FCC or FAA.

G.     Certifies that the applicant or tenant has a valid license from the FCC to operate the proposed facility and identifies the license holder.

H.     Describes how the requirements and standards of this ordinance will be met by the proposed facilities. 

5)      Each application shall include a facility plan.  The County will maintain an inventory of all new wireless communication site installations.  All providers will provide the following information in each plan.  The plan must be updated with each submittal as necessary.

a)      Written description of the type of consumer services each provider will provide to its customers (cellular, PCS, SMR, ESMR, paging or other anticipated wireless communication services).

b)      Provide a list of all existing sites, existing sites to be upgraded or replaced and proposed cell sites within the County for these services to be provided by the provider.

c)      Provide a map of the County, which shows the geographic service areas of the existing and proposed cell sites. 

6)      Landowner acknowledgement.  Written acknowledgement by the landowner of a leased site that he/she will abide by all applicable terms and conditions of the zoning or special exception permit, including the restoration and reclamation requirements of this ordinance.  Such acknowledgement shall be applicable to all future landowners.

 7)      Additional Information and Analysis.

a)      The Zoning Administrator or Board of Adjustment may, at his/her or its discretion, require visual impact demonstrations, including mock-ups and/or photo montages, screening plans, network maps, alternate site analysis, lists of other nearby wireless communication facilities, or facility design alternatives for the proposed facilities.

b)      The Zoning Administrator or Board of Adjustment may employ, on behalf of the County, an independent technical expert to review technical materials submitted by the applicant or the prepare any technical materials required but not submitted by the applicant.  The applicant shall pay the reasonable costs of such review and/or independent analysis.

8)      A zoning permit for a telecommunication facility shall expire six months after issuance if the tower and/or supporting facilities have not been erected.  An extension of time, not to exceed six months per request, may be granted by the Zoning Administrator or his/her designee due to unforeseen or extenuating circumstances.  No fee will be charged for an extension.

16.5009                      TRANSFERABILITY

Permits issued under this ordinance shall be transferable, and all subsequent holders of such permits shall be subject to all applicable requirements of this ordinance and any permit conditions that may exist.  Written notice shall be made to the Zoning Administrator within 30-days of such transfer.

 16.5010                      SEVERABILITY

If a court of competent jurisdiction adjudges any portion of this ordinance invalid, the remainder of this ordinance shall not be affected.

16.5011          ENFORCEMENT AND PENALTIES 

The provisions of this ordinance shall be enforced under the direction of the County Board of Supervisors, through the Zoning Committee and the Zoning Administrator.  For forfeitures and penalties related to non-compliance with this ordinance, refer to Section 16.0109 of the Zoning Administration Ordinance.

16.5012                      DEFINITIONS

1)      ALTERNATIVE SUPPORT STRUCTURE.  Clock towers, steeples, silos, light poles, water towers, electric transmission towers, buildings or similar structures that may support telecommunications facilities.

2)      ANS/TIA/EIA. American National Standard/Telecommunication Industry Association/Electronic Industrial Association.

3)      ANTENNA.  Any device or equipment used for the radiation or gathering of electromagnetic waves, which may include omni-directional antenna (rod), directional antenna (panel) or parabolic antenna (dish), but excludes satellite antennas with diameters of two feet or less.

4)      APPLICANT.  Any person, carrier/provider, firm, partnership or company who files an application for any permit required by this ordinance for the construction, replacement, or alteration of the wireless telecommunication facility or any component thereof.

5)      CAMOUFLAGED TOWER.  Any telecommunication tower that due to design or appearance blends the tower into the surrounding environment; hiding, obscuring, or otherwise concealing the presence of the tower and antennas.

6)      CARRIER.  Companies licensed by the FCC to build personal wireless telecommunication facilities and operate personal wireless telecommunication services.  Also called provider.

7)      COLLOCATION.  The location of more than one (1) antenna or set of antenna of more than one (1) government or commercial wireless communication service provider on the same tower structure.

8)      FAA.  Federal Aviation Administration.

9)      FCC.  Federal Communications Commission.

10)  GUYED TOWER.  A telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

11)  HEIGHT.  The distance measured from ground level to the highest point on any tower or structure, including any antenna.

12)  LATTICE (self-support) Tower.  A telecommunications tower that consists of vertical and horizontal supports and crossed metal braces, with no other means of support besides the superstructure of the tower itself.

13)  MONOPOLE.  A telecommunication tower or a single pole design, with no other means of support besides the superstructure of the tower itself.

14)  NON-CONFORMING.  Any telecommunications facility that was in existence prior to the adoption of this ordinance and that has not been issued a special exception permit or was issued a special exception permit prior to the adoption date of this Ordinance. 

15)  PLATFORM.  A support system that may be used to connect antennas and antenna arrays to telecommunications towers or alternative support structures.

16)  PROVIDER.  See CARRIER.

17)  SATELLITE DISH.  A device incorporating a reflective surface that is solid, open mesh, or bar configured that is a shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals.  This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

18)  SHORELANDS.  Lands within the following distances form the ordinary high-water mark of navigable waters: 1000-feet from a lake, pond or flowage; and 300-feet from a river or stream.

19)  TELECOMMUNICATION FACILITY.  A facility, site, or location that contains one or more antennas, towers, alternative support structures, satellite dish antennas, other similar devices, and support equipment which is used for transmitting, receiving, or relaying telecommunication signals, excluding exempted facilities.

20)  TOWER.  Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas (or is itself an antenna), including guy towers, monopole towers and self-supporting lattice towers and any support.

21)  TOWER ACCESSORY STRUCTURE.  Any structure located at the base of a tower for housing base receiving/transmitting equipment.

22)  WIRELESS COMMUNICATION/TELECOMMUNICATION. Any personal wireless services as defined in the Federal Telecommunications Act of 1996, including FCC licensed commercial wireless telecommunications services such as cellular, personal communications services (PCS), specialized mobile communications (GSM), paging and similar services that currently exist or may be developed.