A. Conditional Use Permit Required: A conditional use permit is required for the siting and construction of a new mobile service support structure and mobile service facility and/or the substantial modification of an existing mobile service support structure and mobile service facility (class 1 collocation) and is subject only to the conditions set forth in this chapter. The conditional use permit procedure is set forth in subsection 10-4-2K of this title.
B. Applications For Permits:
1. Applications for a permit shall be provided by the building inspector. Applications shall be completed and filed with the building inspector and shall include the following information and/or documentation:
a. Name and business address and contact information for the applicant.
b. Location of the proposed or affected mobile service support structure.
c. The location of the proposed mobile service facility.
d. If the application substantially modifies an existing mobile service support structure, a construction plan which describes the proposed modification to the mobile service 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.
e. 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.
f. 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; or is technically unfeasible; or is economically burdensome to the mobile service provider.
g. A document from the property owner or lessor that allows the applicant to apply for a building permit and conditional use permission to erect a mobile service support structure and/or mobile service facility.
h. A site plan which shows property lines, leasehold lines, if applicable, location of wireless telecommunications tower or antenna, setback distances, any accessory equipment structure, fencing and landscaping proposed.
i. An artist's or architect's sketch, concept or rendition of the site as built including elevations, landscaping, screening, appropriate camouflage and fencing.
j. Sufficient information to show that construction, installation and maintenance of the wireless telecommunications tower and/or antenna will not create a safety hazard or damage to the property of other persons.
k. A report and plan from a qualified and registered engineer or firm that specifies the following:
(1) The tower height and design including cross section and elevation.
(2) The height above grade for all potential mounting positions for collocated antenna and the minimum separation distances between antenna.
(3) Structural mounting designs and materials list.
(4) The capacity of the tower, including the number and type of antennas that the tower can accommodate.
(5) As applicable, an engineer's stamp and number.
l. If an applicant submits an application for a permit to engage in an activity described in this chapter, which contains all the information required under subsections B1a through B1k of this section, the building inspector shall consider the application complete. If the building inspector does not believe the application complete, the building inspector 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.
C. Referral To Zoning Board Of Appeals:
1. If the application is complete as determined by the building inspector, the matter shall be referred to the zoning board of appeals for its review.
2. Within ninety (90) days of its receipt of a complete application, the zoning board of appeals shall complete all of the following or the applicant may consider the application approved, except that the applicant and the zoning board of appeals may agree in writing to an extension of the ninety (90) day period:
a. 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 chapter, city zoning ordinances.
b. Make a final decision whether to approve the application, with or without conditions, or to deny the application.
c. Notify the applicant, in writing, of its final decision.
d. If the decision is to deny the application, include with the written notification substantial evidence which supports the decision.
3. Conditional use status shall not be granted to a mobile service support structure unless the mobile service support structure is located so that there is sufficient radius of clear land around the mobile service support structure so that its collapse shall be completely contained on the owner's property, subject to the following. If an applicant provides engineering certification that the mobile service support structure is designed to collapse within a smaller area than the radius equal to the height of the mobile service support structure, the smaller area shall be used unless the city has, and provides the applicant with, substantial evidence that the engineering certification is flawed.
4. No new mobile service support structure shall be located on any lot or parcel of land in any zoning district unless that lot or parcel of land is greater than two (2) acres.
5. Mobile service support structure and mobile service facilities shall comply with the yard and setback requirements of the zoning district in which they are located.
6. The fee for the permit shall be three thousand dollars ($3,000.00) subject to the requirements of section 66.0404(4)(d)2, Wisconsin statutes. (Ord. 2015-14, 10-19-2015)