(A) A wireless communication facility (other than for sending and receiving amateur radio signals) shall only be allowed:
(1) Within the Industrial (I) Zoning District;
(2) As a co-location on an existing tower;
(3) On an existing structure as long as the tower is not more than ten feet higher than the structure at the point where it is attached; and
(4) Within the easement of an existing power transmission line, as long as the tower is not more than 20 feet higher than the power transmission line at the point where it is attached.
(B) A building permit shall be required for all towers and antennas that are subject to inspection by the Building Official to determine compliance with the Building Code.
(C) No person shall erect a tower, antennas or accessory structures without obtaining a conditional use permit, except as provided for in this section. Procedures for obtaining a conditional use permit is as outlined in Section 12-799 except that notification shall be to all property owners within 1,500 feet from all property lines and each governmental unit in the state and Wisconsin from which the tower is likely to be visible.
(D) In reviewing an application for a conditional use permit for the construction and maintenance of antennas, towers and accessory structures, the City Council shall consider the advice and recommendations of the Planning Commission, city staff and all reviewing authorities as well as its conformance with:
(1) The Comprehensive Plan and this chapter;
(2) Applicable state or federal law; and
(3) The effect of the proposed tower upon the health, safety, convenience and general welfare of occupants of surrounding land and the effects on property values in surrounding areas.
(E) The City Council may impose reasonable restrictions or conditions on a conditional use permit for a tower to achieve the goals of this chapter. These conditions may include, but are not limited to:
(1) Requiring co-location of proposed antennas on existing towers or structures when feasible;
(2) Requiring construction practices to ensure that the installation and maintenance of the tower will not create a safety hazard or damage to the property or other persons;
(3) Requiring protections against unauthorized climbing to be constructed and maintained;
(4) Requiring plans and/or financial securities necessary to ensure that the tower, if discontinued from use or abandoned, is removed in an appropriate and timely manner;
(5) Requiring techniques to minimize the visual impact of the proposed tower, once constructed;
(6) Prohibiting the placement of signs, lights or other illuminating devices on the tower, except when required by local, state or federal law or regulation;
(7) Required inspections at regular intervals to ensure compliance with all requirements; and
(8) Requiring design standards to protect the migratory patterns of birds or other wildlife.
(F) The use of any existing tower which becomes nonconforming as a result of this chapter may be continued. If the tower needs replacement, a new conditional use permit is required.
(G) A conditional use permit shall be required for the addition of a new antenna on an existing mount.
(H) Permitting is not required for:
(1) Adjustment, repair or replacement of the elements of an antenna array affixed to a tower or antenna provided that the replacement does not reduce any safety factor, remains consistent with previously approved permits and is consistent with this code;
(2) Antennas and/or towers erected temporarily for test purposes or for emergency communications. No temporary cell sites are permitted except in the case of equipment failure, equipment testing or in the case of an emergency situation as authorized by the Sheriff. Use of temporary mobile cell sites for testing purposes shall be limited to the 24 hours; use of temporary mobile cell sites for equipment failure or in the case of emergency situations shall be limited to a term of 30 days. These limits can be extended by the city for good cause shown; and
(3) Facilities, located in any zone, erected for sending and receiving amateur radio (also known as ham radio) signals.
(Prior Code, § 12-2353) (Ord. 11-2005, passed 7-19-2005) Penalty, see § 10.99